HomeMy WebLinkAbout04-12-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner Christopher Coburn (Maas)
E.FYI
F.Commission Disclosures
G.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, April 12, 2022
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G.1 Accounts Payable Claims Review and Approval (Waters)
G.2 Authorize the Mayor, or Their Designee, to Sign a Montana Department of Commerce, Big
Sky Economic Development Trust Fund Program Contract Extension for Gibson Brands, Inc.
Amended Contract MT-BSTF-1-20-25B(DiTommaso)
G.3 The Montana Department of Commerce Big Sky Economic Development Trust Fund Program
Contract Extension (Amended Contract MT-BSTF-1-21-19A) and Grant Award Increase for
Profitable Ideas Exchange LLC, authorize the City manager, or their designee, to execute
additional documents required to facilitate and manage the amended BSTF contract(s), and
authorize increased budget authority from the original grant award amount of $105,000Â
to the amended grant award amount of $195,000; an increase of $90,0000(DiTommaso)
G.4 Authorize the City Manager to Sign a Public Access and Utility Easement, Utility Easements,
Access Easement, Trail Corridor & Utility Easement with Eastlake Professional Center, LLC
for the Subdivision Preliminary Plat Eastlake Professional Center (21447)(Johnson)
G.5 Authorize the City Manager to Sign a Professional Service Agreement with Sanderson
Stewart for Frontage Road Pathway(Jadin)
G.6 Authorize the City Manager to Sign a Professional Services Agreement with Bozeman Site
Services, LLC for Landscape Maintenance Services in the Parks and Trails District(Kline )
G.7 Authorize City Manager to Sign an Amendment to the Professional Services Agreement with
Comcate Software, Inc to Provide Code Compliance Software to Enhance the Code
Compliance Program(Roberts)
G.8 Authorize the City Manager to Sign a Second Addendum to the Professional Services
Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization,
and Maintenance Services for City Maintained Medians and City Owned Property at 814
North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), and 5519
Saxon Way(Yeykal)
G.9 Authorize the City Manager to Sign a Second Addendum to the Professional Services
Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance
Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City
Shops), 2245 Springhill Road (Water Reclamation Facility), 1812 North Rouse Avenue
(Vehicle Maintenance), the Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old
Landfill) and 5519 Saxon Way(Yeykal)
G.10 Ratify the City Manager's Signature for a Second Amendment to the Professional Services
Agreement with Summit Utility Services for Underground Utility Locating Services(Pericich)
G.11 Authorize the Mayor to Sign a Notice of Opt-out for Regional Multi-Hazard Planning
Process(Waldo )
G.12 Resolution 5387 Authorize the City Manager to Request Distribution of Bridge and Road
Safety and Accountability Program Funds(Kaitlin Johnson)
G.13 Resolution 5390 Authorizing the City Manager to Sign a Change Order 2 with CK May for the
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Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale)
G.14 Resolution 5395 Intent to Create a Special Improvement Lighting District 771 for Bozeman
CoHousing Superseding Resolution 5380(Harlow-Schalk)
G.15 Ordinance 2106 Final Adoption Approving a Project in the Downtown Urban Renewal
District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving
the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible
Costs Thereof(Mihelich)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
I.Action Items
I.1 Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for
Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent
Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-
Mixed), Application 21438(Rogers)
I.2 Final Adoption of the Canyon Gate Annexation Agreement to Annex Approximately 25.4
Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive and
Implementing Covenant, Application 21337(Saunders)
J.Other Agency Hearing
J.1 Public Hearing of Two (2) Community Housing Projects Applying for Real Property Tax
Exemption from Montana Board of Housing(Munfrada)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Christopher Coburn
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner Christopher Coburn.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Coburn informed City Manager Mihelich that he would not be
in attendance.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: January 19, 2022
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:City Commission approve payment of Claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received and that necessary supporting documentation, and
authorizations are in place. Additionally, the Department confirmed all
expenditures were appropriately coded and within the current fiscal year
allocated budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing.
Report compiled on: April 1, 2022
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the Mayor, or Their Designee, to Sign a Montana Department of
Commerce, Big Sky Economic Development Trust Fund Program Contract
Extension for Gibson Brands, Inc. Amended Contract MT-BSTF-1-20-25B
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the Mayor, or their designee, to sign the Montana Department of
Commerce Big Sky Economic Development Trust Fund program contract
extension (# MT-BSTF-1-20-25B) and authorize the City Manager, or their
designee, to execute additional documents required to facilitate and manage
the amended BSTF contract(s).
STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND:Refer to the staff memo.
UNRESOLVED ISSUES:Refer to the staff memo.
ALTERNATIVES:As proposed by the Bozeman City Commission.
FISCAL EFFECTS:Refer to the staff memo.
Attachments:
City of Bozeman - MT-BSTF-1-20-25 - Contract Extension
Letter.pdf
Gibson_Brands_-_Amendment_DoC Contract_MT-BSTF-1-20-
25B.pdf
Gibson Amended Business Assistance Agreement and
Management Plan.pdf
cc_memo_4-12-
22_BSTF_Gibson_EXTENSION_FINAL_3.29.22.pdf
Report compiled on: March 29, 2022
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SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR
COMMERCE.MT.GOV | MARKETMT.COM 301 S. PARK AVE. | OFFICE OF TOURISM AND BUSINESS DEVELOPMENT - PO BOX 200533 | HELENA, MT 59620-0533 P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702
December 27, 2021 Mayor Cynthia Andrus City of Bozeman PO Box 1230 Bozeman MT 59771-1230
RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund (BSTF) Program, Contract # MT-BSTF-1-20-25A, Gibson Brands, Inc.
Dear Mayor Andrus:
The Department of Commerce has reviewed your request for an amendment to the above referenced contract. The amendment request was for a one-year extension on the above contract.
The Department has approved the contract extension. The new contract period will be from January 14, 2020 to January 14, 2023. A contract amendment will be routed to you through DocuSign. We look forward
to successful completion of this grant.
Sincerely,
Wayne Johnston, Bureau Chief Montana Office of Tourism and Business Development Business Assistance Division
c: Jackie O’Reilly, Gibson Brands, Inc.
Alexa Freeburg, Prospera Business Network Annmarie Robinson, Big Sky Economic Development Trust Fund Program
DocuSign Envelope ID: 9C338740-7EAC-4AA5-8749-B215B3DBA2B8
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1 of 2
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
COMMERCE CONTRACT #MT-BSTF-1-20
#MT-BSTF-1-20-25A
MONTANA DEPARTMENT OF COMMERCE
CONTRACT AMENDMENT # MT-BSTF-1-20-25B
This Contract Amendment is entered into by and between City of Bozeman, (“Contractor”) and the
Montana Department of Commerce (“Department”). Program funds have been awarded to assist the
Contractor and Gibson Brands, Inc.
The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-20-25
(“Contract”), executed by them on May 18, 2020 and Contract #MT-BSTF-1-20-25A (the “Contract
Amendment”), executed by them on February 24, 2021 as follows:
1. Section 6. Effective Date and Time of Performance of the Contract is amended to read:
(a) This Contract shall take effect on January 14, 2020 and will terminate upon completion
of the final closeout by the Department, or by January 14, 2023, whichever comes
first, unless otherwise terminated in accordance with the terms of this Contract.
(b) All Program award monies must be expended by the Contractor within the timeline
specified in the Contractor’s application, which by reference is made a part of this
Contract. The Contractor may modify the implementation schedule set forth in the
Contractor’s application only upon obtaining prior approval of the Department.
(c) Each party, after termination of this Contract, remains subject to and obligated to
comply with all legal and continuing contractual obligations arising in relation to its duties
and responsibilities that may arise under the contract including, but not limited to,
record retention, audits, and indemnification.
(d) The Department reserves the right to extend this Contract based on but not limited to
the Contractor’s performance of the contracted activities, the Contractor’s compliance
with program requirements and the availability of program funding.
2. Section 7. Budget of the Contract is amended to read:
(a) The total amount to be awarded to the Contractor under this Contract will not exceed
$405,000 to be used as follows:
• Up to $375,030 (or $4,630 per job) to assist the Assisted Business with the purchase
of equipment and for wage reimbursement; and
• Up to $29,970 (or $370 per job) for eligible administrative expenses.
DocuSign Envelope ID: ECEEEECA-158A-43EB-9388-A6FC34C43C80
8
2 of 2
Big Sky Economic Development Trust Fund Contract Amendment #MT-BSTF-1-20-25
Montana Department of Commerce City of Bozeman
(b) The Project budget is set forth in the application, as submitted by the Contractor and
approved by the Department, and as specifically incorporated by this reference. The
Department must approve budget adjustments to the Project in advance. To obtain
approval of a budget adjustment, the Contractor shall describe the rationale for a budget
adjustment in writing to the Department.
(c) Any Project expenses the Contractor fails to incur on or before January 14, 2023 will
revert to the Big Sky Economic Development Trust Fund.
3. All other provisions of the Contract remain in full force and effect.
By: ________________________________________________________________
Cynthia Andrus, Mayor Date
City of Bozeman
ATTEST:
_______________________________________________________________
Mike Maas, Clerk Date
City of Bozeman
By: ________________________________________________________________
Adam Schafer, Deputy Director Date
Montana Department of Commerce
DocuSign Envelope ID: ECEEEECA-158A-43EB-9388-A6FC34C43C80
9
Amended Business Assistance Agreement with Management Plan 1 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
AMENDED AGREEMENT BETWEEN the City of Bozeman
AND Gibson Brands, Inc.
BSTF Grant #: MT-BSTF-1-20-25AB
A. PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box
1230, Bozeman, MT 59771-1230, (the “City”), and Gibson Brands, Inc., 1894 Orville Way,
Bozeman, MT 59715, (the “Assisted Business”); Tax identification number 73-1244520.
B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $225,000
$405,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as
follows:
• Up to $208,350 $375,030 to assist with the purchase of equipment and wage
reimbursement for net new jobs created.
a. The Assisted Business has agreed to create 45 81 eligible net new jobs at the
project site located at 1894 Orville Way, Bozeman, MT 59715 (the “Project Site”)
in the Government’s jurisdictional area within the Contract time period. An eligible
net new job is defined as one that is new to the company and has not been filled on or
before January 14, 2020. Eligible new job criteria are a full-time job, meaning a
predominantly year-round position requiring an average of 35 hours of work each week;
and
b. Pays wages that meet or exceed $19.80 per hour, including employee benefits that
meet the requirements of the Employee Retirement Income Security Act of 1974, 29
U.S.C. 1001, and et seq.
c. In addition, Gibson Brands, Inc. has agreed to a total new investment at the Project
Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance
received or up to $225,000 $405,000 within this Contract time period, to satisfy the
required match ratio for the grant.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties
hereto agree as follows:
1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities
as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF
application, including any written modifications resulting from the review of the application by the
Department for grant assistance, all of which, by this reference are made a part hereof. The
Government shall enter into this Assistance Agreement with the Assisted Business that shall be
approved in writing by the Department before the release of funds. The Government will only
release funds to reimburse eligible and documented costs. Management of the BSTF grant is
referenced in the attached Exhibit A of this Contract.
2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will
also submit Project Progress Reports quarterly to the Government and the Department until the
Assisted Business receives Contract closeout approval from the Government and Department.
The Project Progress Report must be provided on or before April 15, July 15, October 15 and
10
Amended Business Assistance Agreement with Management Plan 2 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
January 15 for each year of the Contract time period and at closeout of the Contract. The
Project Progress Reports shall include, but are not limited to, the following information:
• Certified employment documentation from the Assisted Business that includes the
breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job
Certification Form; and
• Written Progress Report that should include the following items:
o detailing progress towards achieving the hiring objectives and project goals
that were described in the application with projected completion date;
o any difficulties encountered in working towards these goals;
o any changes within the assisted business structure, business name or
changes to its registration with the Montana Secretary of State’s office; and
o any other pertinent information.
In drawing against the reserved amount, the Assisted Business shall:
• Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet
and Certification as noted above;
• Provide documentation of eligible reimbursable costs/match-usually consultant
invoices; and
• Update the Invoice Tracking spreadsheet, with updates of latest invoices included.
3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted
Business under the Contract shall be up to $4,630 per eligible net new job created by the Assisted
Business, for documented costs with reimbursement not to exceed a total of $208,350 $375,030
for the entire Contract.
The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to
January 14, 2020 nor for any expenses not included in the approved budget or not clearly and
accurately supported by the Assisted Business’s records.
a) The City of Bozeman will authorize the Assisted Business to draw up to $208,350
$375,030 (total BSTF award, minus grant administration) against the funding reserved for
the Assisted Business by the Department. Unless otherwise authorized by the City of
Bozeman, the Assisted Business may receive grant funds periodically over the Contract
period only upon documenting the expenditure of the required matching funds and the
creation of the eligible net new jobs by the Assisted Business, and after incurring eligible
expenses.
b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily
carry out the duties and responsibilities under the Contract, the City of Bozeman may
revoke the Assisted Business's ability to access additional funds until such time as the
Government and the Assisted Business agree on a plan to remedy the deficiency.
c) The City of Bozeman, may recapture funds and return funds to the Department if:
• At the end of the contract period the Department has overpaid based on the
number of net new jobs at the end of the contract period; or
• The Assisted Business ceases operations at the Project Site within the contract
period.
11
Amended Business Assistance Agreement with Management Plan 3 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds
which remain un-disbursed at Contract closeout or at the end of the Contract period.
e) The Assisted Business certifies that no request for reimbursement submitted for eligible
expenses under this Contract shall duplicate any expense submitted to the Department for
reimbursement under any other program administered by the Department.
4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing January
14, 2020 and will expire once the Montana Department of Commerce officially closes out the
BSTF grant award to the City of Bozeman January 14, 2023 .
With approval by the Department, the City of Bozeman, reserves the right to extend this Contract
based on, but not limited to, the Assisted Business’s performance of the contracted activities, and
the Assisted Business’s compliance with program requirements. This would include but not
limited to:
a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the
original application; and
b) The submission of:
• a new Job Creation Report and executed Certification Form;
• A formal request from the City of Bozeman, that provides the Department with a
clear picture of the current business activities which clearly outlines why a contract
extension is being requested;
• A new hiring plan that covers the extension period; and
• Any additional information as requested by the Department in making their
determination of approval.
5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of
Economic Development (406) 582-2258, or successor, and Jackie O’Reilly (406) 587-4117,
ext 4129 or successor for the Assisted Business.
6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and
signing the Job Creation Certification for the Assisted Business is James R. Curleigh, CEO 800-
444-2766, or successor in the same job role, and Bryan Follis, Tax Director 615-871-4500, ext.
2412, or successor in the same job role.
7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and
inspect all phases and aspects of the Contractor’s performance to determine compliance with the
SCOPE OF WORK, the proper use of Program funds, and other technical and administrative
requirements of this Contract, including the adequacy of the Contractor’s records and accounts.
The Department will advise the Contractor of any specific areas of concern and provide the
Contractor opportunity to propose corrective actions acceptable to the Department.
Failure by the Contractor to proceed with reasonable promptness to take necessary corrective
actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the
Department may terminate this Contract in whole or in part, or reduce the contract price or award
to reflect the reduced value of services received.
12
Amended Business Assistance Agreement with Management Plan 4 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
8. COMPLIANCE WITH WORKERS’ COMPENSATION ACT: The Assisted Business
accepts responsibility for supplying, and requiring all subcontractors to supply, the City of
Bozeman with proof of compliance with the Montana Workers’ Compensation Act while
performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-
71-417.) Neither the Assisted Business nor its employees are employees of the Government.
The proof of insurance/exemption must be in the form of workers’ compensation insurance, an
independent contractor exemption, or documentation of corporate officer status and must be
received by the Government within 10 working days of the execution of this Contract, and must
be kept current for the entire term of the contract.
CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11
TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
Coverage may be provided through a private carrier or through the State Compensation Insurance
Fund (406) 444-6500. An exemption can be requested through the Department of Labor and
Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide
documentation of their exempt status.
9. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the
Assisted Business agrees to provide the Government, Montana Department of Commerce,
Legislative Auditor or their authorized agents, access to any records necessary to determine
contract compliance. The Assisted Business agrees to create and retain records supporting the
BSTF project activities for a period of three years after either the completion date of the Contract
or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State
of Montana or third party.
10. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part
as follows:
a) Termination Due to Loss or Reduction of Funding. The Government, at its sole
discretion, may terminate or reduce the scope of this Contract if available funding sources
are eliminated or reduced for any reason. If a termination or modification is so required,
the Government may, if sufficient program funds are available, compensate the Assisted
Business for eligible services rendered and actual, necessary, and eligible expenses
incurred as of the revised termination date. The Government will notify the Assisted
Business of the effective date of the termination or modification of this Contract and, if a
reduction in funding is required, will provide the Assisted Business with a modified Project
budget.
b) Termination for Cause with Notice to Cure Requirement. The Government may
terminate this Contract for failure of the Assisted Business, its contractors, or
subcontractors to perform or comply with any of the services, duties, terms or conditions
contained in this Contract after giving the Assisted Business written notice of the stated
failure. The written notice will demand performance of the stated failure within a specified
period of time of not less than thirty (30) days. If the demanded performance is not
13
Amended Business Assistance Agreement with Management Plan 5 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
completed within the specified period, the termination is effective at the end of the specified
period.
c) Effect of Termination. In the event of termination due to the Assisted Business’s, its
contractors', or subcontractors' failure to perform or comply with any of the services, duties,
terms, or conditions of this Contract, any costs incurred will be the responsibility of the
Assisted Business. However, at its sole discretion, the Government may approve requests
by the Assisted Business for reimbursement of expenses incurred. The Government’s
decision to authorize payment of any costs incurred or to recover expended Program funds
will be based on a consideration of the extent to which the expenditure of those funds
represented a good faith effort of the Assisted Business to comply with the any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to comply
with any of those services, duties, terms, or conditions resulted from circumstances beyond
the Assisted Business’s control.
11. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under
this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and
regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation
of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of
1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable
Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business
subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207,
Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform
the Contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to
childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic
information, sexual orientation, gender identity or expression, national origin, ancestry, age,
disability, military service or veteran status, or marital status.
The Affordable Care Act requires an Assisted Business, if the Assisted Business is an
applicable large employer under the ACA, to provide healthcare coverage for its employees,
who provide services for the State and work for 30 or more hours per week. This coverage
must also cover the eligible employee’s dependents under the age of 26. The coverage must
(a) meet the minimum essential coverage, minimum value, and affordability requirements of the
employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise
satisfy the requirements of the Code § 4980 H (ACA) if provided by the State.
12. NONDISCRIMINATION AND EQUAL PAY: The Assisted Business agrees that all hiring by
Assisted Business of persons performing this Agreement shall be on the basis of merit and
qualifications. The Assisted Business will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. The Assisted Business will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or privilege
of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
14
Amended Business Assistance Agreement with Management Plan 6 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
disability, marital status or sex distinction. The Assisted Business shall be subject to and comply
with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder.
Assisted Business represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Assisted Business must report to the City any violations of the Montana Equal Pay Act
that Assisted Business has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Assisted Business shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
13. INDEMNITY/WAIVER OF CLAIMS/INSURANCE: To the fullest extent permitted by law,
Assisted Business agrees to release, defend, indemnify, and hold harmless the City, its agents,
representatives, employees, and officers (collectively referred to for purposes of this Section as
the City) from and against any and all claims, demands, actions, fees and costs (including
attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses,
liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of
whatever kind or nature connected therewith and without limit and without regard to the cause or
causes thereof or the negligence of any party or parties that may be asserted against, recovered
from or suffered by the City occasioned by, growing or arising out of or resulting from or in any
way related to: (i) the negligent, reckless, or intentional misconduct of the Assisted Business; or
(ii) any negligent, reckless, or intentional misconduct of any of the Assisted Business’s agents.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not
be construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s). Assisted Business’s
indemnity shall be without regard to and without any right to contribution from any insurance
maintained by City. Should the City be required to bring an action against the Assisted Business
to assert its right to defense or indemnification under this Agreement or under the Assisted
Business’s applicable insurance policies required below, the City shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but
only if a court of competent jurisdiction determines the Assisted Business was obligated to defend
the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the
event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Assisted Business waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the award of funds under this Agreement except “responsibility for
15
Amended Business Assistance Agreement with Management Plan 7 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
14. CONSENT TO ELECTRONIC SIGNATURES: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
James Curleigh, CEO Date
Gibson Brands, Inc
Bryan Follis, Tax Director Date
Gibson Brands, Inc
Dennis Taylor Jeff Mihelich, City Manager Date
City of Bozeman
ATTEST:
______________________________ _____________________________
Mike Maas, Interim City Clerk Legal Review
16
Amended Business Assistance Agreement with Management Plan 8 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
Exhibit A
MANAGEMENT PLAN
On January 14, 2020, the City of Bozeman was awarded a grant from the Big Sky Economic
Development Trust Fund (BSTF) Program to assist Gibson Brands, Inc. with equipment and wage
reimbursement and the creation of jobs in Montana. Prospera Business Network (PBN) will be
responsible for assisting with the administration of the BSTF grant. This Management Plan is
written to assure proper management of the BSTF grant, which includes financial management
of grant funds, compliance with state and federal requirements, and the timely start-up and
completion of project activities.
A. ADMINISTRATIVE STRUCTURE
1. City of Bozeman GOVERNMENT
The following persons will have lead responsibility for administering the Government’s BSTF grant
to facilitate an expansion of the Assisted Business:
a. Dennis Taylor Jeff Mihelich, as the City of Bozeman’s City Manager, will have
responsibility for all official contacts with the Montana Department of Commerce
(Department). The City of Bozeman Commissioners will have the ultimate
authority and responsibility for the implementation of the Government’s BSTF grant
to facilitate an expansion of the Assisted Business. The City of Bozeman
Commissioners will approve and sign administrative documents and approve all
payment requests to the BSTF program. The City of Bozeman Commissioners
will approve all contracts and payment requests. The telephone number for the Chief
Elected Official is (406) 582-2306.
b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual
agreements associated with the BSTF grant, advise the Commissioners regarding
the agreements, and provide any other legal guidance as requested. Telephone:
(406) 582-2309.
c. Kristin Donald, City of Bozeman, Finance Director, Aaron Funk, Controller, has
been designated as the Fiscal Officer and will be responsible for maintaining all
financial records related to the BSTF grant funds for the Government. Telephone:
(406) 582-2321.
d. Mike Maas, Interim City Clerk, will be responsible for maintaining all official
records related to the BSTF grant for the Government. Telephone: (406) 582-2321
e. Brit Fontenot, City of Bozeman, Director of Economic Development and Jesse
DiTommaso, Economic Development Specialist, has been designated as the
Project Manager and will be responsible for maintaining records related to the
management of the BSTF grant funds for the Government. This contact will be the
liaison between the EDO, the Commissioners and the Government Attorney.
Telephone: (406) 582-2258-Brit, 406-579-2494-Jesse.
2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO)
17
Amended Business Assistance Agreement with Management Plan 9 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
The EDO will provide general technical assistance, coordination of funding sources, assurances
of compliance with all applicable state requirements for the BSTF grant program. The Government
has designated the EDO as its Administrator. The following EDO personnel will be responsible
for the project:
a. Paul Reichert, Executive Director, will be responsible for all official contacts with
the Government on behalf of the EDO. Telephone: (406) 587-3113.
b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be
responsible for overall coordination of the BSTF grant awarded to the Government.
Telephone: (406) 587-3113.
3. Gibson Brands, Inc., ASSISTED BUSINESS
The following Assisted Business Officer will be responsible for the implementation of the project:
a. Bryan Follis, Tax Director, will serve as the Business Official for the Assisted
Business. This person will have responsibility for all official contacts with the
Government. Telephone: (615) 871-4500, ext: 2412.
b. Jackie O’Reilly, Controller, will serve as the Business Contact for the Assisted
Business and will be the liaison with the EDO and the BSTF Department Staff.
Telephone: (406) 587-4117, ext: 4129.
B. PROJECT MANAGEMENT
1. Brit Fontenot, Director of Economic Development and Jesse DeTommaso,
Economic Development Specialist, will:
a. Work with the EDO Administrator and the Department in the timely execution of the
BSTF contract between the Government and the Department.
b. Work with the EDO Administrator and the Assisted Business in the development of
a Business Assistance Agreement.
c. Make appropriate recommendations and route all contract documents,
administrative documents, and payments as necessary.
d. Review all proposed expenditures of BSTF funds to ensure compliance with the
BSTF contract.
e. Review, approve, and submit the BSTF payment requests, after preparation by EDO
Administrator and approval by the City of Bozeman, to the BSTF Program,
Montana Department of Commerce, and ensure disbursement of funds.
f. Review and approve all BSTF closeout documents.
2. Prospera Business Network will serve as, EDO Administrator, responsible for the
following day to day project activities and will:
18
Amended Business Assistance Agreement with Management Plan 10 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
a. Assisting the Government and the Department in developing the Government
contract, along with all the required paperwork, with the Department that will address
all requirements related to effective project start-up and implementation.
b. Assisting the Government and the Assisted Business with the preparation of a
Business Assistance Agreement.
c. Establishing and maintaining complete and accurate project files and preparing all
documentation and reports incidental to administration of the project.
d. Assist the assisted business with the baseline and subsequent Job Creation Report
and Job Creation Certification.
e. Meet regularly with the Assisted Business to monitor the business’s compliance with
the requirements of the grant assistance agreement including implementation of the
project hiring or hiring/training plan.
f. Reviewing all proposed project expenditures or payment requests from the business
to ensure their propriety and proper allocation of expenditures to the BSTF project
budget.
g. In cooperation with the Project Manager, processing payment requests and
preparing payment requests for the Department, including the Request for Payment
Form and the Project Progress Report with each payment request and quarterly as
specified by the Department.
h. Assist the Government during the BSTF on-site monitoring visit which is conducted
to ensure compliance with the requirements of the BSTF contract.
i. Preparing all required performance reports and Project Closeout Certification for
submittal to the Department.
j. Closing the BSTF project in a timely fashion within the period of the contract
between the Department and the Government.
k. Attending City of Bozeman Commissioners meetings to provide project status
reports and representing the BSTF project at any other public meetings as deemed
necessary by the City.
l. It is understood and agreed that the EDO’s services within this Management Plan
does not include any of the following: the disbursement or accounting of funds
distributed by the Government’s financial officer, legal advice, fiscal audits or
assistance with activities not related to the BSTF project.
3. Jackie O’Reilly, Controller, with Gibson Brands, Inc., will:
a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF
Application.
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Amended Business Assistance Agreement with Management Plan 11 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job
Creation Certifications and Progress Reports.
c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy
the matching funds requirement.
d. Maintain own project files.
e. Assist the Project Manager, EDO Administrator with monitoring of the project.
f. Will notify the Government Project Manager, EDO Administrator and Montana
Department of Commerce of any changes within its business structure, business
name or changes to its registration with the Montana Secretary of State’s office.
C. FINANCIAL MANAGEMENT
As designed in the BSTF contract, the total amount of the BSTF award will not exceed $225,000
$375,030.
1. Government – Awardee
The Fiscal Officer will be responsible for:
a. Depositing and recording the BSTF funds into the City of Bozeman’s existing
accounting system based on claims and supporting documents approved by the
Project Manager and City of Bozeman Commissioners.
b. Preparing checks/warrants for approved expenditures.
c. Disbursing funds in accordance with the Government’s established claim review
procedures.
d. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
e. The original financial documents (claims with all supporting documents attached) will
be retained in the Government’s offices.
2. Economic Development Organization - Administration Funds
a. Administrative payments will consist of reimbursement for $400 $370 per eligible net
new job created by the Assisted Business
b. If an additional award is made for year two to the City of Bozeman, to assist Gibson
Brands, Inc., and for the creation of up to 36 jobs, that assistance reimbursement would
be for additional funds up to $180,000, with up to $13,320 for admin expenses and up
to an additional $166,680 to go to Gibson Brands, Inc.
3. Assisted Business - Project Funds
The Business Contact will be responsible for:
20
Amended Business Assistance Agreement with Management Plan 12 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
a. Supply invoices for reimbursement and match requirement and update the tracking
spreadsheet for completeness and accuracy.
b. Ensuring accurate deposit for each draw taken and recording the funds into the
Assisted Business’s existing accounting system.
c. With the assistance of the Project Manager, preparing the final financial report for the
project Closeout Certification.
d. The original financial documents (claims with all supporting documents attached) will
be retained in the Assisted Business’s office files for at least three years.
The Government’s application to the Department for BSTF funding, dated January 14, 2020, and
all applicable federal and state statutes and regulations are incorporated into this Agreement by
this reference.
This Management Plan will expire once the Montana Department of Commerce officially closes
out the BSTF grant award to the Government.
WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE
MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE
PROJECT:
GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER
Brit Fontenot Date Kristin Donald Aaron Funk Date
Director of Economic Development Finance Director Controller
City of Bozeman City of Bozeman
Jesse DiTommaso Date
Economic Development Specialist
City of Bozeman
Prospera Business Network (EDO): BUSINESS CONTACT
Paul Reichert Date Jackie O’Reilly, Controller Date
Executive Director
Alexa Freeburg Date
Grants Manager
21
Amended Business Assistance Agreement with Management Plan 13 City of Bozeman/Gibson Brands, Inc.
MT-BSTF-1-20-25B
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 20th day of
April, 2020 23rd day of February, 2021 (date this item is on Agenda)
Dennis Taylor Jeff Mihelich Date
City Manager, City of Bozeman
James R. Curleigh, CEO Date
Gibson Brands, Inc.
22
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Director of Economic Development
SUBJECT: Montana Department of Commerce, Big Sky Economic Development
Trust Fund Program Contract Extension for Gibson Brands, Inc., Amended
Contract # MT-BSTF-1-20-25B
MEETING DATE: April 12, 2022
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor, or their designee, to sign the Montana
Department of Commerce Big Sky Economic Development Trust Fund (BSTF) program
contract extension (# MT-BSTF-1-20-25B) and authorize the City Manager, or their
designee, to execute additional documents required to facilitate and manage the
amended BSTF contract(s).
BACKGROUND:
On December 27, 2021 the Department of Commerce notified the City of
Bozeman that a BSTF contract extension was awarded to Gibson Brands, Inc. The
extension moves the deadline for fulfilling the 81 jobs to January 14, 2023. Other terms
of the contract remain the same including but not limited to total amount awarded not
to exceed $405,000 for the creation of 81 jobs.
During the term of the contract, Gibson Brands, Inc. endeavors to create up to
81 eligible net new jobs in their expanded Bozeman facility. The total amount to be
reimbursed to the assisted business under the Contract shall be up to $19.80 per eligible
net new job created by the assisted business for documented costs with reimbursement
not to exceed a total of $405,000, minus grant administration fees for the entire
Contract.
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A net new job must pay the average weekly wage that meets or exceeds the
lesser of 170% of Montana's current minimum wage *AND/OR* the current average
weekly wage of the county in which the employees are to be principally employed. The
value of employee benefits can be included in this wage. The current average annual,
weekly and hourly wage thresholds may be obtained through the BSTF program web
site at https://marketmt.com/BSTF or may be requested from the Department. These
figures are based upon the average weekly wage data produced by the Montana
Department of Labor and Industry for the most current year available.
An eligible net new job is defined as the following:
1. A job that is new to the company and has not been filled prior to the BSTF
notice of award effective date;
2. A permanent, full time job, meaning a predominantly year-round position
requiring an average of 35 hours of work each week, and
3. A new job pays the BSTF required wage rates.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. As they have in the past, Prospera will provide grant
administration, contract management and reporting under the BSTF requirements.
Additionally, Prospera currently manages the City’s Revolving Loan Fund.
Once the grant is funded, Prospera will administer the BSTF grant, contracts and
satisfy reporting elements of the BSTF award. Through the Economic Development
Department, the City will maintain oversight of the Prospera management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
FISCAL EFFECTS: As part of the contract, Prospera will earn administrative fees based
upon the number of net new jobs Gibson Brands, Inc. creates over the next year.
Additionally, minimal City staff time is required to provide the appropriate review of
documents and approvals.
24
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with Prospera, is not without financial risk, although the City
and Prospera work closely together with the assisted business to minimize the risk. If
the number of jobs identified in the contract is not filled by the assisted business, but
grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
25
b. The business ceases operations at the Project Site within the
contract period.
EXHIBITS:
1) April 20, 2020 City Commission Packet Materials for Contract # MT-BSTF-1-20-25
2) February 23, 2021 City Commission Packet Materials for Contract # MT-BSTF-1-
20-25A
3) December 27, 2021 Montana Department of Commerce Letter of Award of
Contract Amendment;
4) Montana Department of Commerce Contract Amendment # MT-BSTF-20-25B;
and
5) Montana Department of Commerce Amended Agreement and Management Plan
# MT-BSTF-20-25B.
Report compiled on: 03-29-22
26
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:The Montana Department of Commerce Big Sky Economic Development
Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-21-
19A) and Grant Award Increase for Profitable Ideas Exchange LLC, authorize
the City manager, or their designee, to execute additional documents
required to facilitate and manage the amended BSTF contract(s), and
authorize increased budget authority from the original grant award amount
of $105,000 to the amended grant award amount of $195,000; an increase
of $90,0000
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the Mayor, or their designee, to sign the Montana Department of
Commerce Big Sky Economic Development Trust Fund Program Contract
Extension (Amended Contract MT-BSTF-1-21-19A) and Grant Award Increase
for Profitable Ideas Exchange LLC, authorize the City manager, or their
designee, to execute additional documents required to facilitate and manage
the amended BSTF contract(s), and authorize increased budget authority
from the original grant award amount of $105,000 to the amended grant
award amount of $195,000; an increase of $90,0000.
STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development
initiatives to improve the skills of our citizens.
BACKGROUND:Refer to the staff memo.
UNRESOLVED ISSUES:Refer to the staff memo.
ALTERNATIVES:As suggested by the Bozeman City Commission.
FISCAL EFFECTS:Refer to the staff memo.
Attachments:
cc_memo_4-12-22_BSTF_PIE_EXTENSION_FINAL G3.pdf
1.14.22 MT DoC BSTF PIE contract ext.pdf
MT DoC Amended Contract PIE MT BSTF 1 21 19A.pdf
BSTF Business Asst Agmt and Mgmt Plan PIE Contract Ext MT
BSTF 1 21 19A.pdf
27
Budget_Amendment Big Sky Trust Fund Contract
Amendment PIE 4-12-22.docx
Report compiled on: March 28, 2022
28
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Director of Economic Development
SUBJECT: The Montana Department of Commerce Big Sky Economic Development
Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-
21-19A) and Grant Award Increase for Profitable Ideas Exchange LLC,
authorize the City manager, or their designee, to execute additional
documents required to facilitate and manage the amended BSTF
contract(s), and authorize increased budget authority from the original
grant award amount of $105,000 to the amended grant award amount
of $195,000; an increase of $90,0000.
MEETING DATE: April 12, 2022
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor, or their designee, to sign the Montana
Department of Commerce Big Sky Economic Development Trust Fund Program Contract
Extension (Amended Contract MT-BSTF-1-21-19A) and Grant Award Increase for
Profitable Ideas Exchange LLC, authorize the City manager, or their designee, to execute
additional documents required to facilitate and manage the amended BSTF contract(s),
and authorize increased budget authority from the original grant award amount of
$105,000 to the amended grant award amount of $195,000; an increase of $90,0000.
BACKGROUND:
On January 14, 2022 the Montana Department of Commerce notified the City of
Bozeman that a BSTF contract extension and grant award increase was approved for the
Profitable Ideas Exchange LLC. The extension moves the deadline for fulfilling the 39
jobs to April 1, 2023. Additionally, the grant award was increased from $105,000 to
$195,000. Other terms of the contract remain the same.
29
During the term of the contract, PIE, endeavors to create up to 39 eligible net
new jobs in their Bozeman facility. The total amount to be reimbursed to the assisted
business under the Contract shall be up to $21.58 per eligible net new job created by
the assisted business for documented costs with reimbursement not to exceed a total of
$405,000, minus grant administration fees for the entire Contract.
A net new job must pay the average weekly wage that meets or exceeds the
lesser of 170% of Montana's current minimum wage *AND/OR* the current average
weekly wage of the county in which the employees are to be principally employed. The
value of employee benefits can be included in this wage. The current average annual,
weekly and hourly wage thresholds may be obtained through the BSTF program web
site at https://marketmt.com/BSTF or may be requested from the Department. These
figures are based upon the average weekly wage data produced by the Montana
Department of Labor and Industry for the most current year available.
An eligible net new job is defined as the following:
1. A job that is new to the company and has not been filled prior to the BSTF
notice of award effective date;
2. A permanent, full time job, meaning a predominantly year-round position
requiring an average of 35 hours of work each week, and
3. A new job pays the BSTF required wage rates.
THE PROSPERA BUSINESS NETWORK:
The City and Prospera work collaboratively on numerous economic development
projects including past BSTF grants. As they have in the past, Prospera will provide grant
administration, contract management and reporting under the BSTF requirements.
Additionally, Prospera currently manages the City’s Revolving Loan Fund.
Prospera will continue to administer the BSTF grant, contracts and satisfy
reporting elements of the BSTF award. Through the Economic Development
Department, the City will maintain oversight of the Prospera management of the BSTF
grant award as the recipient entity for the grant funds, as required by the DoC.
UNRESOLVED ISSUES: None
ALTERNATIVES: As proposed by the City Commission
30
FISCAL EFFECTS: This action also authorizes an increase in budget authority by $90,000
from the original grant award amount of $105,000 to the amended grant award amount
of $195,000; an increase of $90,000.
As part of the contract, Prospera will earn administrative fees based upon the
number of net new jobs PIE creates over the next year. Additionally, City staff time is
required to provide the appropriate review of documents and approvals.
Please note that the Big Sky Trust Fund support provided by the City of Bozeman,
in longstanding partnership with Prospera, is not without financial risk, although the City
and Prospera work closely together with the assisted business to minimize the risk. If
the number of jobs identified in the contract is not filled by the assisted business, but
grant dollars are received by the assisted business, the contract between the assisted
business and the City of Bozeman contains the following financial restoration sections:
Section 8 Conditions on Method of Reimbursement:
If the Assisted Business creates an eligible new job but fails to
sustain that job for the requisite duration, then the Contractor
shall reimburse the Department all funds received for that job. If
the Assisted Business fails to create the required number of jobs,
then the Contractor shall reimburse the Department the
difference between the total amount advanced and the amount
attributable to actual jobs created. If the Assisted Business ceases
operation at the Project Site, then the Contractor shall reimburse
the Department all funds received under this Contract.
AND
Section 3 Compensation and Consideration:
c. The Assisted Business agrees that if the local government or
tribal government request the funds before the jobs are
created, and the Department agrees to that request, the local
or tribal government and the assisted business receiving BSTF
financial assistance are liable for the full amount of the award
that is advanced by the Department, if the assisted business:
1. Fails to create or maintain the number of net
new eligible jobs as specified in the executed
contract and assistance agreement, or
31
2. Fails to inject the required amount of match into
the project as specified in the executed contract
and assistance agreement.
Additionally the Department may recapture funds if:
a. At the end of the contract period the Department has
overpaid based on the number of net new jobs at the end of
the contract period.
b. The business ceases operations at the Project Site within the
contract period.
EXHIBITS:
1) February 23, 2021 City Commission Packet Materials for Contract # MT-BSTF-1-
21-19
2) January 14, 2022 Montana Department of Commerce Letter of Approval of
Contract Extension and Increase in Grant Award;
3) Montana Department of Commerce Contract Amendment # MT-BSTF-21-19A;
4) Montana Department of Commerce Amended Agreement and Management Plan
# MT-BSTF-21-19A; and
5) $90,000 Administrative Budget Amendment
Report compiled on: 04-05-22
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Budget Amendment
Fiscal Year:2022 Date: 4/5/2022
On June 22, 2021, and in compliance with Montana State law, the City of Bozeman City
Commission adopted Resolution 5308 to appropriate funds and estimating revenue necessary
to operate and maintain services for the fiscal year ending June 30, 2022 (FY2022).
Section 4 of Resolution 5308 delegates appropriation authority to the City Manager for
expenditures and budget amendments from the following funds: debt service funds; fee-based
budgets; trust funds; federal, state and private grants accepted and approved by the City
Commission; special assessments; monies borrowed during the year; proceeds from sale of
land; and funds for gifts or donations.
The Big Sky Trust Fund is increasing award funding to the City of Bozeman for pass-through,
sub-recipient granting to Profitable Ideas Exchange (P.I.E.). In order for the City to pass along
this funding, the City Commission must accept the grant award contract. The action of bringing
the contract acceptance before the City Commission for approval to increase grant funding
made available includes the action of City Manager budget amendment approval. In alignment
with budget policy as adopted by the City Commission as part of resolution 5308, the maximum
spending authority of the City is that of ALL funds combined. Traditionally, the City has not over
spent its combined, maximum, fund total spending authority. In FY2022, the City will continue
to spend less than is appropriated. Therefore, the $90,000 increase in grant funding to this
program does not require a second approval by the City Commission for spending authority
maintaining the City’s alignment with MCA, Resolution 5308 and City Budgeting policies.
Revenue Accounts Affected:Fund 123-0000-331.20-00 State Grants
Date: 4/5/2022
Rachel Harlow-Schalk, Interim Finance Director
58
Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Public Access and Utility Easement,
Utility Easements, Access Easement, Trail Corridor & Utility Easement with
Eastlake Professional Center, LLC for the Subdivision Preliminary Plat
Eastlake Professional Center (21447)
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Access and Utility Easement,
Utility Easements, Access Easement, Trail Corridor & Utility Easement with
Eastlake Professional Center, LLC for the Subdivision Preliminary Plat
Eastlake Professional Center (21447).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Trail Corridor & Utility Easement.pdf
Utility Easement (2).pdf
Utility Easement.pdf
Public Access & Utility Easment.pdf
Access Easement.pdf
Report compiled on: March 30, 2022
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
Sanderson Stewart for Frontage Road Pathway
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign Professional Service Agreement with
Sanderson Stewart for Frontage Road Pathway
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On October 13, 2020, the City Commission of the City of Bozeman adopted
Commission Resolution 5209 authorizing the use of up to $90,000 from the
Trails, Open Space and Parks (TOP) Bond Fund toward the Frontage Pathway
Project ("the Project") which entails construction and improvements of
bicycle and pedestrian facilities along the airport frontage road between the
Montana Department of Transportation (MDT) property and the Cherry
Creek Fishing Access.
On February 8, 2022 the City Commission approved a second Resolution No.
5373 entering into a Memorandum of Understanding (MOU) with the
Project partner, the Gallatin Alliance for Pathways, to establish terms of
spending and fundraising for the Project. Included in the MOU is a
commitment for the City to spend up to fifty thousand dollars on a feasibility
study and concept designs for the Project from the TOP fund.
The attached PSA allows Sanderson Stewart to commence the first phase of
the study that will allow the City to begin conversations with adjacent
landowners and get direction from the Montana Department of
Transportation and other relevant landowners before embarking on concept
designs.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
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FISCAL EFFECTS:Upon completion of the agreement, the remaining balance in the TOP fund
for Frontage Pathway will be $58,100.
Attachments:
PSA_FrontagePathway_SandersonStewart.docx
Exhibit A_FrontagePathway_Feasabilty_SOW.pdf
Report compiled on: March 24, 2022
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Professional Services Agreement for Frontage Road Pathway Feasibility Analysis & Concept Design
FY 2022 – FY 2023
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Sanderson Stewart, 106 East Babcock, Suite L1,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
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perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
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connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
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a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Addi Jadin or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Stephanie Hudock or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
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required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
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Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
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26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Sanderson Stewart
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Jeff Mihelich, City Manager
Print Name: Danielle Scharf, PE
Print Title: Principal/Region Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Frontage Road Pathway Feasibility Analysis & Concept Design
Scope of Work – Phase 1
3/11/2022
Sanderson Stewart is pleased to provide this Scope of Work for the Frontage Road Pathway project. The
initial contract phase, Phase 1, for the Frontage Road Pathway project will consist of survey, landowner
coordination, and analysis of path alignment feasibility options. Phase 2 of the project will consist of the
concept design and feasibility study report and will be completed under an amendment to this contract. The
goal of Phase 1 is to evaluate the feasibility of the path alignment options outlined below and determine the
constraints associated with each alignment. These services will include a boundary and topographic survey, a
feasibility analysis of various path alignments, identification of public and private utility conflicts/extensions,
and preliminary right-of-way review. It will conclude with concept alignment exhibits to use for landowner
coordination and planning for Phase 2. Necessary easements and right-of-way will not be secured as part of
this scope of work. A detailed scope of services for the feasibility analysis tasks are outlined below.
Task 1 - Project Initiation
This task will include all project initiation and planning tasks, including scoping, contract preparation, and
meetings with the City of Bozeman Parks and Recreation Department. All project management tasks and
Client meetings for tasks beyond project initiation will be allocated to the remaining project tasks.
Task 2 – Survey
A limited topographic and boundary survey will be completed to delineate the available area for a new path.
Survey will be limited to public right-of-way and access easements and will not extend into private property.
A detailed survey will not be completed until the future detailed design phase. The City of Bozeman GIS data
will be used to supplement the limited topographic survey. Listed below are the items to be surveyed along
the alternative alignments to be discussed in Task 3 on the following page.
· Edge of asphalt/gravel roads adjacent to the proposed path alignment, including Frontage Road and
intersecting side streets/driveways
· Power poles and other surface features that would obstruct the path (fence, utility structures,
irrigation structures, culverts, streams, etc.)
· Underground utilities between right-of-way and edge of asphalt/gravel
· Boundary survey that will be limited to the property corners immediately adjacent to the proposed
path alignment in order to establish an existing right-of-way
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Survey tasks will include a compilation of all plats, certificates of survey, and highway easements along the
proposed path corridor to identify existing right-of-way and easements. A corner search to establish right-of-
way will be conducted, but a complete boundary survey is not included. Up to 25 hours of field time will be
spent searching for the necessary property corners. Where property corners are not found, available parcel
GIS data will be used to fill in missing information. Additional pre-survey research will be conducted as
required, utility locates will be requested and survey control will be set by Sanderson Stewart with monuments
at a minimum spacing of 0.25 miles.
Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the
City of Bozeman, MDT, and private utilities. Base drawings will be prepared in AutoCAD format following
the completion of the topographic survey, and additional pick-up topo will be conducted as needed
throughout the duration of the project. Public and private utilities will be located prior to the survey via one-
call for inclusion in base drawings. This task also includes traffic control needed for the completion of survey
tasks.
Task 3 – Feasibility Study
This task will evaluate the potential options for a new pathway from the existing Nelson Meadows path
located west of Nelson Road to the Cherry River Fishing Access site. A concept alignment has been
developed and is shown on Figure 1 below in blue, orange and yellow.
Figure 1: Conceptual Path Alignment
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The feasibility study will analyze the path alignment alternatives outlined below. For each alternative, design
constraints and easement needs will be identified. This task will include coordination with the City’s right-of-
way consultant as necessary for a preliminary review of right-of-way and easement constraints. Complete
opinion of probable costs will not be developed for each alternative, but cost comparisons between the
alternatives for path sections will be analyzed to help determine the recommended path alignment.
As part of the Feasibility Study, Sanderson Stewart will organize preliminary discussions with adjacent
landowners to gauge interest and willingness to grant an easement for the path. There are existing
relationships between some of the adjacent landowners and members of the City of Bozeman Parks and
Recreation Department or Galla10 Alliance for Pathways (GAP) that will be utilized to help complete the
landowner discussions. A preliminary discussion will be scheduled with both Montana Rail Link and the
Montana Department of Transportation. There are approximately 20 separate landowners along the various
alignment alternatives, and up to one phone call and one meeting with each landowner is estimated.
Sanderson Stewart will schedule a meeting to discuss the findings with the City of Bozeman Parks, the
Recreation Department, and GAP to determine a recommended path alignment. It is assumed that the blue
segment of the path will be located on the City of Bozeman property and at least a portion of it will be
constructed with the future waste transfer facility planned for the lot. An alignment for this portion of the
path will be provided with the conceptual design.
The options below for each section of pathway will be analyzed for potential constraints that would warrant
an alternative pathway alignment.
1. Various alternative path alignments, including the alternatives listed below, will be evaluated for the
path alignment shown in orange.
a. On-road facility on Moss Bridge Road and Campbell Road or Reeves Road
b. Off-road facility along Moss Bridge Road and Campbell Road or Reeves Road within City of
Bozeman right-of-way
c. Off-road facility along Frontage Road within MDT/MRL right-of-way.
2. Two alternative path alignments will be evaluated for the path alignment shown in yellow.
a. Off-road facility within MDT/MRL right-of-way
b. Off-road facility within new easements along adjacent residential properties.
This phase of the project will include a review meeting with MDT, the City of Bozeman Parks and
Recreation Department, and GAP to discuss the design alternatives and ensure the recommended
alignment will be acceptable to MDT.
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Frontage Road Pathway
Feasibility Analaysis and Concept Design
20232
Labor Category Total Plan Hours Total Plan Bill Amt
Task 1: Project Initiation
Sub Task: PM & Coordination, Scoping, and Contracts
Principal 4.00 880.00
Senior Engineer I 8.00 1,320.00
Sub Task: Client/Agency Meetings
Senior Engineer I 4.00 660.00
Subtotal 16.00 2,860.00
Expenses
Total for Project Initiation 16.00 2,860.00
Task 2: Survey
Sub Task: PM & Coordination
Staff Surveyor II 4.00 440.00
Senior Professional Land Surveyor 4.00 640.00
Sub Task: Pre-Survey Research
Staff Surveyor II 6.00 660.00
Sub Task: Survey Control
Staff Surveyor II 8.00 880.00
Sub Task: Topo/Boundary/Corner Search
Staff Surveyor II 60.00 6,600.00
Sub Task: Base Map
Staff Engineer I 16.00 1,680.00
Sub Task: Additional Survey as Needed
Staff Surveyor II 20.00 2,200.00
Subtotal 118.00 13,100.00
Expenses
Total for Survey 118.00 13,100.00
Task 3: Feasibility Study
Sub Task: Project Mgmt & Coordination
Principal 4.00 880.00
Senior Engineer I 4.00 660.00
Sub Task: Alternatives Analysis
Staff Engineer I 8.00 840.00
Senior Engineer I 8.00 1,320.00
Sub Task: R/W and Easements Review
Senior Professional Land Surveyor 16.00 2,560.00
Senior Engineer I 8.00 1,320.00
Sub Task: Client/Agency Meetings
Senior Engineer I 4.00 660.00
Sub Task: Landowner Meetings
Principal 20.00 4,400.00
Senior Engineer I 20.00 3,300.00
Subtotal 92.00 15,940.00
Expenses
Total for Feasibility Study 92.00 15,940.00
Total for Frontage Road Pathway 226.00 31,900.00
v7.6.753 (EPOTRATZ) - - Page 1 of 1
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Memorandum
REPORT TO:City Commission
FROM:Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Bozeman
Site Services, LLC for Landscape Maintenance Services in the Parks and Trails District
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Bozeman
Site Services, LLC for Landscape Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. To
address the maintenance required in the new District the City will establish
contracts for professional services with qualified contractors.
In February 2022, the Parks and Recreation Department conducted a
request for proposals process to acquire professional services required to
maintain parks grounds and landscape areas in the District. After careful
evaluation and review, Bozeman Site Services, LLC. was determined to be
the most qualified vendor for Parks and Trails District Landscape
Maintenance Services Zone 2 area. Bozeman Site Services, LLC has
demonstrated an established ability to work with local property owners
associations and property management companies and the ability to
complete landscape services identified in the Zone 2 area. The selected
contractor Bozeman Site Services, LLC will complete the scope of services as
defined in attached Professional Service Agreement Exhibit A: Scope of
Services and Exhibit B: Price Proposal for Landscape Maintenance services
beginning in spring of 2022.
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UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY22 and FY23
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
PSA Bozeman Site Services Zone 2 (Final).pdf
Report compiled on: March 18, 2022
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2022
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Bozeman Site Services LLC., PO Box 6800,
Bozeman, MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services
attached hereto as Exhibit B. Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written request
by the City, and will become an additional charge over and above the amount listed in the Scope of
Services. The City must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
103
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
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These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
•Workers’ Compensation – statutory;
•Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
•Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
•Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
•Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
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purpose of this Agreement shall be Doug Duschene or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
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authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
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be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
LANDSCAPE MAINTENANCE SERVICES ZONE: 2
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
January 2022
Exhibit A
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I.INTRODUCTION
The City of Bozeman (Owner), Parks and Recreation Department is seeking proposals from
qualified contractors to provide landscape and grounds maintenance services on parks, trails
and landscape areas within the newly established City of Bozeman Parks and Trails District.
The Owner intends to enter into a professional service agreement with the selected contractor
to perform grounds and landscape maintenance services throughout City of Bozeman Parks
System. Routine maintenance operations will be conducted primarily in City parks spaces
located in subdivision parks previously maintained by property management companies and
owners associations. The selected contractor will complete the services as defined in the RFP
scope of services to begin the spring of 2022.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide regularly
scheduled services to ensure that City landscapes are effectively and efficiently maintained for
Exhibit A
114
the benefit of the city and its residents. The selected contractor will begin work in April of 2022
and continue services through the completion of the summer season at the end of October
2022. The routine services will be conducted for approximately a 30 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific landscape maintenance
and grounds keeping services identified and described in Appendix D: Park location
Maps Zone 2.
2.Contractor proposals shall include cost associated with delivery of tasks described in
Appendix C: Maintenance Schedule Zone 2 and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 2.
Services requested for Maintenance Schedule Zone 2 include:
a.Mowing
b.Weedeating / Trimming
c.Fertilizer Application
d.Spraying Application / Weed Control
Exhibit A
115
4.Contractor shall provide a fixed hourly rate for services described in Appendix C:
Maintenance Schedule.
Additional Services requested include:
e.Mowing
f.Weedeating / Trimming
g.Landscaping / Gardening
h.Clearing, brushing, pruning of vegetation
i.Maintenance of native grass/naturalized areas
j.Trail maintenance
k.Removal of seasonal debris, leaves, litter
l.Overseeding turf areas
m.Aerating & Thatching
n.Snow Removal Services
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Irrigation services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
116
Appendix C
Maintenance Schedule- Zone 2 LANDSCAPE
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
January 2022
Exhibit A
117
PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY)
CATTAIL CREEK
PARKS A & B
TURF: YES/UNK
IRRIGATION: YES/UNK
Park A: Blackbird Dr. to
Warbler Way & South fo
Cattail St. Park B: Catron St.
to Cattail St. & Blackbird Dr.
to Warbler Way.
2-B 1x/week
(price per mow)$1x/week
(price per trimming) $
On Turf Areas
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME
DIUM/FAIR
Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$
CATTAIL CREEK
PARK PHASE 3
TURF: YES/UNK IRRIGATION:
YES/MEDIUM/FAIR
Catron St. to Catamount &
Blackbird Dr. to Warbler Way.2-D 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$
HARVEST CREEK
PARK 1-4
TURF: YES/FAIR IRRIGATION:
YES/SMALL/FAIR
W. Oak St. to Durston Rd. & Springbrook Ave.
to to N. 27th Ave.2-E 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$
HEADLANDS PARK 1-4
TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
Linear Park between Bridger Canyon Dr. & Headlands Dr. 2-F 1x/week (price per mow)$1x/week (price per trimming) $ On On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
SOROPTOMIST PARK TURF: YES/FAIR IRRIGATION:
YES/SMALL/FAIR
Main St. to Babcock St. at Rouse Ave. 2-G 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
WALTON HOMESTEAD PARK
TURF: YES/FAIR IRRIGATION:
YES/SMALL/FAIR
Corner of 15th Ave. and Juniper St. 2-H 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
WESTGLEN PARK TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
Between Drouillard Dr. and Meriweather Ave. at
Mendenhall St. 2-I 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
WILLOW PARK TURF: YES/FAIR
IRRIGATION: NO
Michael Grove Ave. south
of Peter Pl. 2-J 1x/biweekly
(price per mow)$1x/biweekly
(price per trimming) $
On Turf Areas
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
VILLAGE DOWNTOWN PARK
TURF: UNK IRRIGATION:
YES/MEDIUM/FAIR
E-W trail corridor N. Broadway Ave. to Village
Crossing Way.2-M 1x/biweely (price per mow)$1x/biweekly (price per trimming) $ On Turf Areas As needed (price
per application)
$ Broad leaf weed control As needed (price
per application)
$
BAXTER SQUARE PARK
TURF: YES/FAIR
IRRIGATION: YES/SMALL/FAIR
Corner of Sartain St. and
Renee Way & Baxter Ln. to Sartain St. 2-N 1x/biweekly (price per mow)$1x/biweekly (price per trimming) $
On Lawn Area
As needed (price per application) $
On Lawn Area
As needed (price per application) $
WEST WINDS PARK (ALL PHASES)
TURF: YES/FAIR
IRRIGATION: YES/MEDIUM/FAIR
Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
LEGENDS AT BRIDGER CREEK
PARK 1
TURF: YES/UNK IRRIGATION:
YES/UNK
North of Pinicle Star St. 2-P 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
LEGENDS AT
BRIDGER CREEK
PARK 2
TURF: YES/GOOD
IRRIGATION:
YES/MEDIU/FAIR
Boyland Rd. W. of Pinicle
Star St. 2-Q 1x/week
(price per mow)$1x/week
(price per trimming) $
On Turf Areas
1x/year/as needed (price
per application)
$
On Lawn Area
1x/year/as needed (price
per application)
$
CREEKWOOD SUB
PARK
TURF: YES/FAIR
IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/week
(price per mow)$1x/week
(price per trimming) $
On Turf Areas
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES
East of Davis Ln. on
Troutmeadow Rd. & Blackbird Dr. 2-S 1x/biweekly (price per mow)$1x/biweekly (price per trimming) $
On Turf Areas
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
PINE MEADOW PARK/
VALLEY MEADOWS PARK
TURF: YES/FAIR
IRRIGATION: YES/SMALL/FAIR
W. Villard St. between
Valley Dr. and Merriwether 2-T 1x/biweekly
(price per mow)$ 1x/biweekly
(price per trimming) $
On Turf Areas
1x/year/as needed (price per application) $
Broad leaf weed control
1x/year/as needed (price per application) $
OAK MEADOWS PARK
TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
Crabapple Dr. to Juniper St.
& N. 14th Ave to N. 12th
Ave.
2-U 1x/week (price per mow)$ 1x/week (price per trimming) $ On Turf Areas 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed (price
per application)
$
Snow Removal $
Removal of seasonal debris, leaves, litter
Overseeding turf areas
Garbage removal
$
$
$
Clearing, brushing, pruning of vegetation
Maintenance of native grass/naturalized areas
Trail maintenance
$
$
$
Weedeating / Trimming
Dog station maintenance
Landscaping
Aerating & Thatching
Appendix C: Maintenance Schedule- Zone 2 (LANDSCAPE)
MOWING FREQUENCY: (TURF AREAS) TRIMMING FREQUENCY:FERTILIZER APPLICATION FREQUENCY:SPRAYING APPLICATION WEEDS REMOVAL FREQUENCY:
Parks
Additional Services: Fixed Per Hour Rates
Service ADDITIONAL COMMENTS
Mowing
$
Per Hour Rates
$
$
$
$
Exhibit A
118
Parks & Recreation
RFP: PARKS & TRAILS DISTRICT LANDSCAPE MAINTENANCE SERVICES
Location Maps Zone 2
CATTAIL CREEK PARKS A & B
SANDAN PARK
CATTAIL CREEK PARK PH. 3
HARVEST CREEK PARK 1-4
HEADLANDS PARK 1-4
SOROPTOMIST PARK
WALTON HOMESTEAD PARK
WESTGLEN PARK
WILLOW PARK
VILLAGE DOWNTOWN PARK
BAXTER SQUARE PARK
WEST WINDS PARK
LEGENDS AT BRIDGER CREEK PARK 1
LEGENDS AT BRIDGER CREEK PARK 2
CREEKWOOD SUB PARK
CATTAIL LAKE PARK
PINE MEADOW PARK/VALLEY MEADOW PARK
OAK MEADOWS PARK
Exhibit A
119
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 2
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
120
Bozeman Site Services
Doug Duschene
(406)570-6522
doug@bozemansiteservices.com
PO Box 6800
1716 W Babcock St
Bozeman, MT 59715
180 Pollywog Lane
Belgrade, MT 59714
PARKS & TRAILS DISTRICT LANDSCAPE
MAINTENANCE SERVICES ZONE: 2
Exhibit B
121
Price Proposal
Baxter Square Park
Cattail Creek Parks A&B
Cattail Creek Park Phase 3
Cattail Lakes Park
Creekwood Park
Harvest Creek Park
Headlands Park 1-4
Legends Park 1
Legends Park 2
Oak Meadows Park
Pine Meadow / Valley Meadow Park
Sandan Park
Soroptomist Park
Village Downtown Park
Walton Homestead Park
West Winds Park
Westglen Park
Willow Park
Exhibit B
122
Customer:Proposal #1239 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Baxter Sq Pk
Sartain St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$276.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$262.00Mow unirrigated, native grass area 3X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$837.00Apply spring specific recipe. See attached map.Spring Fertilization
$978.00Apply summer specific recipe. See attached map.Summer Fertilization
$966.00Apply fall specific recipe. See attached map.Fall Fertilization
$280.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
123
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
124
Customer:Proposal #1241 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Cattail Creek Pk A&B
Cattail St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$1,193.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$1,718.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$7,044.89Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$4,368.00Apply fall specific recipe. See attached map.Fall Fertilization
$1,840.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/7Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
125
3/7Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
126
Customer:Proposal #1242 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Cattail Creek Pk Phase 3
Catron St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$580.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$845.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$3,277.00Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$2,032.00Apply fall specific recipe. See attached map.Fall Fertilization
$905.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
127
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
128
Customer:Proposal #1243 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Cattail Lakes Pk
Trout Meadows Rd
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$207.00Monthly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Monthly Turf Maintenance
$1,718.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$1,165.00Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$722.00Apply fall specific recipe. See attached map.Fall Fertilization
$1,840.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
129
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
130
Customer:Proposal #1244 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Creekwood Pk
Creekwood Dr
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$164.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$169.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$496.00Apply spring specific recipe. See attached map.Spring Fertilization
$580.00Apply summer specific recipe. See attached map.Summer Fertilization
$572.00Apply fall specific recipe. See attached map.Fall Fertilization
$181.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
131
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
132
Customer:Proposal #1245 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Harvest Ck Pk
Hunters Way
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$1,930.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$374.00Mow unirrigated, native grass area 3X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$5,387.00Apply spring specific recipe. See attached map.Spring Fertilization
$6,299.00Apply summer specific recipe. See attached map.Summer Fertilization
$6,218.00Apply fall specific recipe. See attached map.Fall Fertilization
$400.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
133
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
134
Customer:Proposal #1246 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Headlands Pk 1-4
Bridger Dr
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$256.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$873.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$1,387.67Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$861.00Apply fall specific recipe. See attached map.Fall Fertilization
$935.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
135
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
136
Customer:Proposal #1247 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Legends Pk 1
Boylan Rd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$193.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$671.00Apply spring specific recipe. See attached map.Spring Fertilization
$786.00Apply summer specific recipe. See attached map.Summer Fertilization
$775.00Apply fall specific recipe. See attached map.Fall Fertilization
$380.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
137
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
138
Customer:Proposal #1248 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Legends Pk 2
Boylan Rd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$565.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$1,091.00Mow unirrigated, native grass area 1X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$1,970.00Apply spring specific recipe. See attached map.Spring Fertilization
$2,303.00Apply summer specific recipe. See attached map.Summer Fertilization
$2,274.00Apply fall specific recipe. See attached map.Fall Fertilization
$389.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Bed Maintenance BSS will perform Weed and/or spray landscaped garden bed areas 2X per
month. Billed per hour. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
139
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
140
Customer:Proposal #1249 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Oak Meadows Pk
Oak Park Dr
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$539.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$1,882.00Apply spring specific recipe. See attached map.Spring Fertilization
$2,199.00Apply summer specific recipe. See attached map.Summer Fertilization
$2,172.00Apply fall specific recipe. See attached map.Fall Fertilization
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
141
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
142
Customer:Proposal #1250 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Pine/Valley Meadow Pk
Meriwether Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$116.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$603.00Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$373.00Apply fall specific recipe. See attached map.Fall Fertilization
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
143
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
144
Customer:Proposal #1251 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Sandan Pk
Savannah St
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$525.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$1,593.00Apply spring specific recipe. See attached map.Spring Fertilization
$1,862.00Apply summer specific recipe. See attached map.Summer Fertilization
$1,838.00Apply fall specific recipe. See attached map.Fall Fertilization
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
145
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
146
Customer:Proposal #1252 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Soroptomist Pk
Rouse Ave
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$72.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
147
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
148
Customer:Proposal #1253 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Village Downtown Pk
Village Downtown Blvd
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$61.00Monthly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Monthly Turf Maintenance
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
149
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
150
Customer:Proposal #1254 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Walton Hstd Pk
15th Ave
Bozeman, MT 59715
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$181.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$977.70Apply slow release mix of granular fertilization to designated Turf area. See
attached Map.
PHCT - Turf Granular Fertilization
$606.00Apply fall specific recipe. See attached map.Fall Fertilization
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
151
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
152
Customer:Proposal #1255 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - West Winds Pk
Buckrake Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$1,977.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$3,409.00Mow unirrigated, native grass area 3X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$7,499.00Apply spring specific recipe. See attached map.Spring Fertilization
$8,767.00Apply summer specific recipe. See attached map.Summer Fertilization
$8,656.00Apply fall specific recipe. See attached map.Fall Fertilization
$3,651.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
153
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
154
Customer:Proposal #1256 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Westglen Pk
Meriwether Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$118.00Weekly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Weekly Turf Maintenance
$357.00Apply spring specific recipe. See attached map.Spring Fertilization
$418.00Apply summer specific recipe. See attached map.Summer Fertilization
$412.00Apply fall specific recipe. See attached map.Fall Fertilization
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
155
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
156
Customer:Proposal #1257 Property:
Mike Maas
City of Bozeman
PO BOX 1230
Bozeman, MT 59771-1230
Date: March 23, 2022 COB - Willow Pk
Michael Grove Ave
Bozeman, MT 59718
SUMMER MAINTENANCE PROPOSAL - PER SERVICE
PER SERVICESERVICEDESCRIPTION
BILLED PER SERVICE*
$40.00Monthly mow irrigated turf areas, trim edges, and blow off hard surfaces.
Minimum Charge of $40. See attached map.
Monthly Turf Maintenance
$136.00Mow unirrigated, native grass area 3X per season. Minimum charge of $120.
See attached map.
Native Grass Mowing
$146.00Spray for noxious weeds in native areas on property. 1X per season. Minimum
of $120.00. See attached map.
Noxious Weed Spray In Native
Areas
BILLED AT TIME AND MATERIALS*
DESCRIPTIONSERVICE PER HOUR
Turf Maintenance T&M Mow irrigated turf areas, trim edges, and blow off hard surfaces. Minimum
Charge of 2 Hours. Billed at Time and Materials.
$60.00
Bed Maintenance Weed and/or spray landscaped garden bed areas. Billed per hour. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$60.00
Spring Cleanup Clean all beds and turf of leaves and debris. Lightly prune as
needed. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Native Grass Mowing Mow unirrigated, native grass area as requested and/or needed. Minimum
Charge of 1 Hour. Billed at Time and Materials.
$180.00
Noxious Weed 'Spot' Spray In
Native Areas
Spot Spray for noxious weeds in native areas on property. Minimum Charge of
1 Hour. Billed at Time and Materials.
$60.00
Trail Spray Apply a recipe of herbicide and a pre-emergent spray to treat all trail areas
with total vegetation control. Minimum Charge of 1 Hour. Billed at Time and
Materials.
$60.00
Fall Cleanup Clean all beds and turf of leaves and debris. Lightly prune as needed.
Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Overseed Turf Areas Overseed turf areas with like seed. Minimum Charge of 1 Hour. Billed at Time
and Materials.
$60.00
Power Rake Thatching Remove unwanted thatch and leftover dead grass from designated turf areas
using a power rake. Minimum Charge of 2 Hours. Billed at Time and Materials.
$60.00
Turf Aeration Aerate all designated turf areas. Minimum Charge of 2 Hours. Billed at Time
and Materials.
$60.00
Snow Shovel T&M Will call snow removal with a shovel as Requested. Minimum Charge of 2
Hours. Billed at Time and Materials.
$60.00
Snow Plowing T&M Remove snow from lots, roads, or driveway as Requested. Minimum Charge
of 1 Hour. Billed at Time and Materials.
$120.00
* YOU WILL BE BILLED AFTER YOU RECEIVE THESE SERVICES.
1/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
157
3/6Bozeman Site Services PO Box 6800 Bozeman, MT 59771 office@bozemansiteservices.com 406.570.9893
Exhibit B
158
Affirmation of Nondiscrimination
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________Bozeman Site Services, LLC______________(name of entity submitting) hereby affirms it
will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin,
or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ______ Bozeman Site Services, LLC __________(name of entity submitting) hereby affirms it
will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
_____Doug Duschene [Owner of Bozeman Site Services___________
Name and title of person authorized to sign on behalf of submitter
Exhibit B
159
Memorandum
REPORT TO:City Commission
FROM:Gary Roberts, Code Compliance Program Manager
Anna Bentley, Community Development Director
SUBJECT:Authorize City Manager to Sign an Amendment to the Professional Services
Agreement with Comcate Software, Inc to Provide Code Compliance
Software to Enhance the Code Compliance Program
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager To Sign Amendment To Professional Services
Agreement With Comcate Software, Inc Who Will Provide Code Compliance
Software To Enhance The Code Compliance Program
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Code Compliance Division, through Community Development
Department, is looking for a more efficient and easy to use software
program that would enhance the compliance process. Comcate is an active
city contractor and can provide the necessary software product to assist the
code compliance officers in performing their duties.
UNRESOLVED ISSUES:None
ALTERNATIVES:As The Commission Directs
FISCAL EFFECTS:The year One start up is $7,995 to purchase and implement the software, of
which $3,113 is due immediately and the remaining to be paid at the start of
the new fiscal year to ensure budget constraints are met. After year one, the
annual cost is $4882.00 plus up to 5% COLA per year.
Attachments:
Comcate First Amendment_Bozeman,
MT_CEM_04022022.docx
Report compiled on: March 30, 2022
160
1
www.comcate.com (415)632-1248
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF BOZEMAN AND COMCATE SOFTWARE,INC.
March 30,22
THIS AMENDMENT TO THE AGREEMENT BETWEEN CLIENT (this “Amendment”) is entered
into between CITY OF BOZEMAN (“City”), and Comcate Software Inc. (“Consultant”) a Califor-
nia Corporation.
WHEREAS,the parties have entered into an Agreement effective JUNE 16,2021,and
WHEREAS,the parties desire to amend the Agreement as follows:
Scope of Services. Exhibit “A”of the Amendment lists additional Comcate modules to
be licensed by the City.
Performance. Upon receipt of the executed Amendment,the Consultant shall begin im-
plementation of services as described in Exhibit “A.”
Modification. Except as expressly provided herein,the Agreement shall continue in full
force and effect. The Agreement and this Amendment constitute the entire agreement
between the parties and supersede any previous oral or written agreement. In the event
of any inconsistency between the Agreement and this Amendment,this Amendment
shall prevail. This Amendment may be modified or amended only by a subsequent writ-
ing executed by both parties.
IN WITNESS THEREOF,the parties have entered into this Amendment as of this APRIL 1,
2022.
CLIENT COMCATE SOFTWARE,INC.
_______________________
Name,Title:David Richmond,CEO
Address:144 Linden Street
Oakland,CA 94607
Email:dave@comcate.com
161
2
www.comcate.com (415)632-1248
Exhibit A
Annual Investment of new products or services
Description
Implementation
Fee (One Time)
Annual Li-
cense Fee
Total Year One
Investment
Code Enforcement Manager $1,800 $3,200 $5,000
GIS Enterprise $1,000 $1,800 $2,800
Fee Tracker $350 $425 $775
On-Site Training $1,000 N/A $1,000
Existing Client Discount*-$1,580 -$543 -$1,580
Total $3,113 $4,882 $7,995
Annual License Fee in subsequent years not to exceed annual COLA of 5%
*One-Time Existing Client Discount will discontinue in contract year beginning June 16th,2023
Exhibit B (Pro-rated invoice to be processed immediately)
Pro-rated to coincide with existing agreement
Pro-rated Billing Term 4/1/22 –6/15/22
Description Amount
Code Enforcement One-time Implementation Fees $3,113
Code Enforcement Pro-rated Annual License fee for period
4/1/22 –6/15/22 (Including GIS and Fee Tracker)$1,017
Total $4,130
162
3
www.comcate.com (415)632-1248
Exhibit C (To be invoiced at time of next renewal)
Renewal information for all products and services
Renewal Investment for period 6/16/22 –6/15/23
Description Amount
eFM CRM Limited Edition (for public comments)$6,405
GIS Lite for eFM $420
eFM CRM Limited Edition,Unlimited Users $3,150
Code Enforcement Manager $3,200
GIS Enterprise for CEM $1,800
Fee Tracker for CEM $425
Existing Client Discount -$543
Total $14,857
*One-Time Existing Client Discount will discontinue in contract year beginning June 16th,2023
163
Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal, Public Works Office Manager
John Van Delinder, Street Superintendent
SUBJECT:Authorize the City Manager to Sign a Second Addendum to the Professional
Services Agreement with Hydrologistics Irrigation LLC for Irrigation System
Start-up, Winterization, and Maintenance Services for City Maintained
Medians and City Owned Property at 814 North Bozeman (City Shops), 2245
Springhill Road (Water Reclamation Facility), and 5519 Saxon Way
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional
Services Agreement with Hydrologistics Irrigation LLC for irrigation system
start-up, winterization, and maintenance services for City maintained
medians and City owned property at 814 North Bozeman (City Shops), 2245
Springhill Road (Water Reclamation Facility), and 5519 Saxon Way.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman entered into a one-year contract with Hydrologistics
Irrigation LLC on April 13, 2021 for irrigation services. Section 31 of the
Professional Services Agreement allows for extension of the contract not to
exceed five (5) years. This addendum is a request from staff to extend this
contract for one-year. This extension provides for continuity of work flow
and benefit to the City from experience of irrigation systems obtained by
Hydrologistics.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The Street Division budgeted $60,000 in FY22 and $60,000 in FY23 for
combined median maintenance and irrigation services.
Attachments:
2022 April Second Addendum to Irrigation Maintenance
PSA.pdf
21- Professional Services Agreement - Hydro Logistics
164
Irrigation, LLC - Irrigation Services
2022 Scope of Services
Report compiled on: March 25, 2022
165
Second Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC
FY 2022 Page 1 of 2
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this _____ day of ____________, 2022, by and between the CITY OF
BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
Hydrologistics Irrigation LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on April 13, 2023.
2. Addition still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
166
Second Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC
FY 2022 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONTRACTOR
(Hydrologistics Irrigation LLC)
By________________________________ By_____________________________ Jeff Mihelich, City Manager Josh Proff, Owner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
167
Professional Services Agreement for 2021 Irrigation Maintenance Services
FY 2021 – FY 2022
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 13 day of April, 2021 (“Effective Date”),
by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as “City,” and, Hydro Logistics Irrigation LLC, 499 Hyalite View Drive, Bozeman, MT
59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 13
th day of April, 2022, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
DocuSign Envelope ID: E7B7F377-D872-4E7C-8DD8-7AFD89B54109
168
Professional Services Agreement for 2021 Irrigation Maintenance Services
FY 2021 – FY 2022
Page 2 of 11
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
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defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
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in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
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assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Matt Workman, Assistant Street Superintendent or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Josh Proff or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
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hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
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15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
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attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
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28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions:This Agreementmay, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than five years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA HYDRO LOGISTICS IRRIGATION, LLC
By________________________________By__________________________________
Jeff Mihelich, City Manager
Print Name: Josh Proff
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Owner
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SCOPE OF SERVICES
The scope of services includes:
1. irrigation system start up,
2. irrigation system winterization,
3. irrigation system maintenance,
4. efficient irrigation system scheduling that meets the needs of plant types in each
location throughout the growing season. Seasonal watering schedules shall be
approved by COB Water Conservation Division staff.
The irrigation systems included in this scope of services are listed below:
LOCATION ADDRESS SYSTEM TYPE
City Shops Complex 814 N. Bozeman Ave. Overhead spray
Water Reclamation Facility 2245 Springhill Rd. Overhead spray
Valley Center Road 19th Ave. to 27th Ave. Overhead spray
Cottonwood Road Babcock St. to Fallon St. Overhead spray
S. 8th Avenue Main St. to College St. Subsurface drip
Kagy Boulevard Willson Ave. to 7th Ave. Overhead spray
Oak Street Davis Ln. to 27th Ave. Overhead spray
N. 27th Avenue* 1 median just north of Oak St. Overhead spray
S. 27th Avenue** Blackwood St. to Kurk Dr. Overhead spray
College Street 19th Ave. to Main St. Drip
N. 7th Avenue Aspen St. to Villard St. Drip
*Additional medians north of Oak Street will be landscaped this year and irrigation
systems will be installed. These will require irrigation services, including winterization of
the systems, once completed.
**Only the two southern-most medians are included in this contract
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. Irrigation system type may change as the COB installs
drought tolerant landscaping in place of turf grass in new and existing medians and city owned
properties.
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SCOPE OF SERVICES
The scope of services includes:
1. irrigation system start up,
2. irrigation system winterization,
3. irrigation system maintenance,
4. efficient irrigation system scheduling that meets the needs of plant types in each location throughout the growing season. Seasonal watering schedules shall be approved by COB Water Conservation Division staff.
The irrigation systems included in this scope of services are listed below:
LOCATION ADDRESS SYSTEM TYPE
City Shops Complex 814 N. Bozeman Ave. Overhead spray
Water Reclamation Facility 2245 Springhill Rd. Overhead spray
Valley Center Road 19th Ave. to 27th Ave. Overhead spray
Cottonwood Road Babcock St. to Fallon St. Overhead spray
S. 8th Avenue Main St. to College St. Subsurface drip
Kagy Boulevard Willson Ave. to 7th Ave. Overhead spray
Oak Street Davis Ln. to 27th Ave. Overhead spray
N. 27th Avenue Oak St. to Baxter Lane Overhead spray & drip
S. 27th Avenue* Blackwood St. to Kurk Dr. Overhead spray
College Street 19th Ave. to Main St. Drip
N. 7th Avenue Aspen St. to Villard St. Drip
*Only the two southern-most medians are included in this contract
Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. Irrigation system type may change as the COB installs drought tolerant landscaping in place of turf grass in new and existing medians and city owned
properties.
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Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal - Public Works Office Manager
John Van Delinder - Streets Superintendent
SUBJECT:Authorize the City Manager to Sign a Second Addendum to the Professional
Services Agreement with Sprout, Inc. Land & Hardscaping for Median and
Grounds Maintenance Services for City Maintained Medians and City Owned
Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water
Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the
Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old Landfill) and
5519 Saxon Way
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional
Services Agreement with Sprout, Inc. Land & Hardscaping for median and
grounds maintenance services for City maintained medians and City owned
property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water
Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the
Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old Landfill) and
5519 Saxon Way.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman entered into a one-year contract with Sprout, Inc. Land
& Hardscaping on April 13, 2021 for median and grounds maintenance
services. Section 31 of the Professional Services Agreement allows for
extension of the contract not to exceed five (5) years.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The Street Division budgeted $60,000 in FY22 and $60,000 in FY23 for
combined median maintenance and irrigation services.
Attachments:
2022 Second Addendum to Median & Grounds Maintenance
PSA
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Professional Services Agreement
2022 Scope of Services
Report compiled on: March 25, 2022
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Second Addendum to Professional Services Agreement for Median and Grounds Maintenance
FY 2022 – FY 2023 Page 1 of 2
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this ____ day of ________, 2022, by and between the CITY OF
BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under
its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with
a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Sprout,
Inc. Land & Hardscaping, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on April 13, 2023.
2. Addition still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
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Second Addendum to Professional Services Agreement for Median and Grounds Maintenance
FY 2022 – FY 2023 Page 2 of 2
CITY OF BOZEMAN, MONTANA CONTRACTOR (Sprout, Inc.)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Scott Urban, Owner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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ATTACHMENT A: LOCATION SPECIFIC SCOPE OF SERVICES
LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC:
GROUNDS
City Shops Complex 814 N. Bozeman Ave. 1x/week 1x/week 1x/year
Water Reclamation Facility 2245 Springhill Rd. 1x/week 1x/week 1x/year
Vehicle Maintenance Shop 1812 N. Rouse Ave. 2x/month 2x/year 1x/year
Green Sand Shed E. Griffin Dr. 2x/month 2x/year 1x/year Mowing to occur until the vegetation dies (approx. end of July)
Old Landfill 2125 N. Rouse Ave. 2x/year 2x/year 1x/year The area to be mowed may be reduced in the future. MEDIANS
North 7th Avenue Aspen St. to Villard St. n/a 1x/year pruning in the fall (cut back perennials)
1x/year pre- emergent herbicide spraying (early spring)
Other: 2x/month
• Garbage removal
• Re-cover/pin down fabric and irrigation drip lines
• Weeding South 8th Avenue Main St. to College St. 1x/week 2x/month 1x/year
North 19th Avenue Durston Rd. to Beall St. 1x/week As needed 1x/year
North 27th Avenue Oak St. to Baxter Ln. As needed to maintain tall grass. Ideally no more than 3x per season.
1x/year pruning in the fall (cut back perennials).
As needed in grass areas. 1x/year pre- emergent herbicide spraying (early
spring) for perennials.
Medians were landscaped in 2021. As this is the first year of maintenance, actual needs may vary but are anticipated to include work listed here. Other
work for perennial beds includes (2x/month):
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• Garbage removal
• Re-cover/pin down fabric and irrigation drip lines
• Weeding
South 27th Avenue Kurk Dr. to Blackwood Rd. 1x/week 1x/month 1x/year The southernmost median just north of Blackwood Rd. is not currently landscaped. Weed
removal will be necessary until landscaping occurs. College Street 19th Ave. to Main St. n/a 1x/year pruning in the fall (cut back perennials)
1x/year pre- emergent herbicide spraying (early spring)
Other: 2x/month
• Garbage removal
• Re-cover/pin down fabric and irrigation drip lines
• Weeding
Cottonwood Road Between Fallon St.
and Oak St.
As needed As needed Multiple times to
keep weeds under control
Medians are not landscaped.
Weed removal will be necessary until landscaping occurs.
Davis Lane Oak St. to Baxter Ln. n/a As needed n/a
Fowler Avenue Huffine Rd. to
Garfield St.
As needed Other:
• Median currently contains artificial turf
but turf will be removed and median will be landscaped in the near
future. Maintenance needs to be determined.
197
Graf Street 19th Ave. to Macnab St. Multiple times to keep weeds under control
Weed removal will be necessary on a regular basis within the medians,
boulevards, and the roundabouts. Highland Boulevard Hillcrest to Holly Dr. 1x/week As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry.
Kagy Boulevard Willson Ave. to 7th
Ave.
1x/week 1x/month 1x/year
Kagy Boulevard Highland Blvd. to Willson Ave. 1x/week 1x/month 1x/year Medians are not irrigated and will only need to be mowed
until they become dry.
Oak Street Cottonwood Rd. to
27th Ave.
1x/week 2x/month 1x/year Medians between New Holland
Dr. and Cottonwood Rd. are not currently landscaped. Weed removal will be
necessary on a regular basis until landscaping occurs. Once landscaping is installed,
maintenance needs will be determined. Valley Center Road 19th Ave. to 27th Ave. 1x/week 1x/month 1x/year
ADDITIONAL MAINTENCE AND SERVICES:
• Spraying of weeds along cracks adjacent to medians where the concrete meets the asphalt.
• Additional medians or boulevards may be added as needed.
198
Memorandum
REPORT TO:City Commission
FROM:Nick Pericich, Water and Sewer Operations Superintendent
John Alston, Utilities Director
SUBJECT:Ratify the City Manager's Signature for a Second Amendment to the
Professional Services Agreement with Summit Utility Services for
Underground Utility Locating Services
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Ratify City Managers signature
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:State Law requires all utility owners to locate and mark underground
infrastructure within two business days of a locate request. In 2018, the City
entered into a professional services agreement with Summit Utility Services
to perform this work. Prior to that, The City Water/Sewer Division and the
Streets/Signs and Signals Division spent a considerable amount of staff time
responding to locate requests.
This amendment extends the contract for a period of one-year as allowed in
Section 30 of the existing PSA and it will adjust the costs based on a 3
percent increase from the prior year.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The FY22/23 operating budget for Water Operations, Sewer Operations,
Stormwater and Signs and Signals includes funds for the work.
Attachments:
22-_Amendment_2_-_PSA_Summit.pdf
Report compiled on: March 29, 2022
199
Second Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2022- FY 2023 Page 1 of 4
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Underground Utilities Locating Services dated April 9th 2018 (the “Agreement”) is made
and entered into this 9th day of April, 2022 by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Summit
Utilities Services, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on April 9th 2023.
2. Payment. Costs per locate have increased as shown in Exhibit A
3. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall
be on the basis of merit and qualifications. The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar
a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an
age, physical or mental disability, marital status or sex distinction. The Contractor shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2,
United States Code, and all regulations promulgated thereunder.
DocuSign Envelope ID: 4A54E324-FB4C-4BBD-88EB-C93F4ECD692A
200
Second Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2022- FY 2023 Page 2 of 4
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 4A54E324-FB4C-4BBD-88EB-C93F4ECD692A
201
Second Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2022- FY 2023 Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA [SUMMIT UTILITY SERVICES]
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Troy Holzworth
Title: President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 4A54E324-FB4C-4BBD-88EB-C93F4ECD692A
202
Second Amendment to Professional Services Agreement for Underground Utilities Locating Services
FY 2022- FY 2023 Page 4 of 4
Exhibit A
(Increase of 3%)
Lumin $ 11.85
RRFB $ 11.85
Wells $ 11.85
Storm Sewer $ 11.85
Sewer $ 16.00
Water $ 16.00
Signals $ 17.75
DocuSign Envelope ID: 4A54E324-FB4C-4BBD-88EB-C93F4ECD692A
203
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the Mayor to Sign a Notice of Opt-out for Regional Multi-Hazard
Planning Process
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize Mayor to sign notice of opt-out for Regional Multi-Hazard Planning
Process
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City of Bozeman has participated in the development and multiple
updates of a countywide hazard mitigation plan that addresses major
hazards with respect to risk and vulnerabilities countywide, including the
communities of Bozeman, Belgrade, Big Sky, Manhattan, Three Forks, and
West Yellowstone. This collaborative planning effort has allowed for Gallatin
County and its communities to develop a plan focused on the specific needs
and concerns of our county through research, dialogue, and data review.
The State of Montana is looking to take over responsibility for the
development of three regional hazard mitigation plans in the coming year
and has asked if communities would like to opt in or out of this planning
process. As Gallatin County has an existing hazard mitigation plan that was
updated in 2021 and is fortunate enough to have the staff to maintain this
plan moving forward, Gallatin County and its communities are looking to opt
out of this regional planning effort. By opting out, this does not mean that
Gallatin County will not work with the State of Montana to provide
information for their regional planning efforts, rather it indicates that
Gallatin County will maintain responsibility for their local planning efforts
moving forward while continuing to share any new information with the
State of Montana for regional or statewide planning efforts as it has done to
date.
All of the communities in Gallatin County are unanimous in the decision to
opt out.
UNRESOLVED ISSUES:None at this time
204
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:None
Attachments:
Bozeman Hazard Mitigation Plan Opt Out.pdf
Report compiled on: April 4, 2022
205
DEPARTMENT OF MILITARY AFFAIRS
DISASTER AND EMERGENCY SERVICES DIVISION
P.O. BOX 4789
FORT HARRISON, MONTANA 59636-4789
NOTICE OF INTENT
Regional Multi-Hazard Mitigation Plans
JURISDICTIONAL NAME: City of Bozeman
DATE: 4/4/2022
POINT OF CONTACT: (Include email address & phone numbers): Patrick Lonergan
Chief of EM & Fire
Gallatin County Emergency Management
patrick@readygallatin.com
(406) 548-0111
BRIEF DESCRIPTION OF REGIONAL MULTI-HAZARD MITIGATION PLAN BENEFITS:
• Montana Disaster and Emergency Services will be facilitating the planning process with the hired contractor.
• The State will be responsible for the financial match requirements.
• The state will update the plan every five years as required by FEMA ensuring that all participating jurisdictions
are covered by a FEMA approved plan in future years.
BRIEF DESCRIPTION OF JURISDICTIONAL RESPONSIBILITY:
• The jurisdiction will participate in the plan development and the lining out of the local hazards and mitigation strategies.
• It is the jurisdictions’ responsibility to involve local stakeholders and participate in public outreach engagement.
• The jurisdiction will actively coordinate and participate in all planning meetings with the hired contractor and/or
state mitigation personnel.
*** The Regional Hazard Mitigation Plan will provide detail down to the local jurisdictional level. This will
include local hazards, values at risk, mitigation actions, etc.
206
DEPARTMENT OF MILITARY AFFAIRS
DISASTER AND EMERGENCY SERVICES DIVISION
P.O. BOX 4789
FORT HARRISON, MONTANA 59636-4789
☐ OPT-IN: will be participating in the Regional Multi-Hazard Planning Process.
(Jurisdictional Name)
OPT-OUT: City of Bozeman will NOT be participating in the Regional Multi-Hazard Planning Process. (Jurisdictional Name)
Signature – Emergency Manager: Date:
(Signature and Title)
Signature – Cyndy Andrus, Mayor: Date:
(Signature and Title)
In order for the contractor to begin work, we will need to have this form completed and returned to Montana
DES DESMitigation@mt.gov, or Nicole Erickson at Nicole.Erickson@mt.gov by April 15th, 2022.
207
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5387 Authorize the City Manager to Request Distribution of
Bridge and Road Safety and Accountability Program Funds
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Authorize the City Manager to Request Distribution of Bridge and Road
Safety and Accountability Program Funds
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Each fiscal year, proceeds are allocated to the Montana Department of
Transportation (MDT) with a portion allocated to local governments through
the Bridge and Road Safety and Accountability Program (BaRSAA). The
allocation of the motor fuel tax revenues refers to the MDT calculation of
and notification to local governments of the amounts available for each
entity on an annual basis.
The allocation consists of a full 12-months of collections of motor fuel tax
revenues to local governments. Local governments must match all
distributions from the BaRSAA account with a minimum 5% funding match.
A request for the distribution of funds must include: 1. the amount of
funding sought; 2. copy of an adopted resolution to request and accept the
funding by the governing body, identifying the source of the matching funds
for the distribution; and 3. description of the project or projects to be
funded. Passage of this resolution meets the expectations of Montana state
law.
This year's request will is for the construction of Cottonwood Road from Oak
to Baxter to a 5-lane principal arterial street. The project will expand the
capacity and improve the connectivity of the city street network. It will
improve safety for drivers and pedestrians and provide improved access to
the Sports Park. It will facilitate development currently occurring in this part
of the city. The estimated project cost is $4,800,000 with $975,291.26
covered by BaRSAA funding and $3,824,708.74 funded through Street
208
Impact Fee and Arterial and Collector District assessments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:The City Commission could decide not to approve this resolution. This
alternative is not recommended as it would result in the City being unable to
fund necessary improvements to Cottonwood Road.
FISCAL EFFECTS:The estimated project cost is $4,800,000 with $975,291.26 covered by
BaRSAA funding and $3,824,708.74 funded through Street Impact Fee and
Arterial and Collector District assessments.
Attachments:
Resolution 5387 Distribution Gas Tax.pdf
2022 BaRSAA Gas Tax Letter.pdf
Report compiled on: March 24, 2022
209
RESOLUTION 5387
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. REQUESTING DISTRIBUTION OF BRIDGE AND ROAD SAFETY AND
ACCOUNTABILITY PROGRAM FUNDS
WHEREAS, the Bridge and Road Safety and Accountability Account created by HB 473
requires the Montana Department of Transportation to allocate accrued funds to cities, towns,
counties, and consolidated city-county governments for construction, reconstruction, maintenance,
and repair of rural roads, city or town streets and alleys, bridges, or roads and streets that the city,
town, county, or consolidated city-county government has the responsibility to maintain; and,
WHEREAS, a city, town, county, or consolidated city-county government that requests
funds under the Bridge and Road Safety and Accountability Account must match each $20
requested with $1 of local government matching funds; and,
WHEREAS, a city, town, county, or consolidated city-county government requesting
distribution of allocated funds may make such a request to the Department of Transportation
between March 1 and November 1 of the year the funds were allocated; and,
WHEREAS, a description of the projects to be funded are detailed in Appendix A; and,
WHEREAS, the local match for the allocated funds has been budgeted from Street Arterial
Construction Fund and the Street Impact Fee Fund
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
1. City of Bozeman requests distribution of its share of the allocated Bridge and Road
Safety and Accountability funds to be used for the projects identified in Appendix A.
2. That Rachel Harlow-Schalk, the Interim Finance Director is hereby empowered and
authorized to execute such further documents as may be necessary to facilitate the
distribution of said funds.
210
Resolution 5387 Distribution HB473 Request
Page 2 of 3
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 12th day of April 2022.
________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
211
Resolution 5387 Distribution HB473 Request
Page 3 of 3
Appendix A
SIF138 – Cottonwood Road, Oak to Baxter - Construction
Construction of Cottonwood Road from Oak to Baxter to a 5-lane principal arterial street. The
project will expand the capacity and improve the connectivity of the city street network. It will
improve safety for drivers and pedestrians and provide improved access to the Sports Park. It will
facilitate development currently occurring in this part of the city.
The estimated project cost is $4,800,000 with $975,291.26 covered by BaRSAA funding and
$3,824,708.74 funded through Street Impact Fee and Arterial and Collector District assessments.
212
213
214
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Resolution 5390 Authorizing the City Manager to Sign a Change Order 2 with
CK May for the Griffin Drive and Manley Road Street and Stormwater
Improvements Project
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5390 authorizing the City Manager to sign a change
order 2 with CK May for the Griffin Drive and Manley Road Street and
Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Changes to the plans for Griffin Drive were required due to an inability to
obtain the right of way to necessary for the preferred design. This included
the addition of 973 feet of retaining wall and 318 feet of associated
handrailing. Additionally, delays due to challenges with right of way
acquisition have necessitated adjustments to bid costs. CK May has worked
diligently with their sub-contractors and has agreed to honor bid costs on
most of the contract items. Some material costs increased significantly since
2021, that CK May and their subcontractors feel that a change order is
justified. Staff has reviewed the cost increases and supports the requested
change order . Staff recommends that the Commission approve Resolution
5390 approving Change Order 2.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:Change Order 2 adds $398,316.42 to the contract cost of the Griffin Drive
and Manley Road Street and Stormwater Improvements Project. The funds
for those additional costs are available in the existing budget for project
SIF113.
Attachments:
215
20220412_Resolution 5390_Change Order 2.pdf
20220412_GriffinDr&ManleyRd_ChargeOrderNo2.pdf
Report compiled on: March 31, 2022
216
Version April 2020
RESOLUTION 5390
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CK
MAY EXCAVATING, INC, BELGRADE, MONTANA.
WHEREAS, the City Commission did, on the 5th day of April 2021, authorize award of
the bid for the Griffin Drive and Manley Road Street and Stormwater Improvements Project, to
CK May Excavating, Inc. of Belgrade, Montana; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
or modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit: that the proposed modifications and/or alterations to the contract
between the City of Bozeman, a municipal corporation, and CK May Excavating, as contained in
Change Order No. 2, attached hereto, be and the same are hereby approved; and the City Manager
is hereby authorized and directed to execute the contract change order for and on behalf of the
City; and the City Clerk is authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 12th day of April, 2022.
217
Version April 2020
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
218
CHANGE ORDER NO. 2
PROJECT:DATE OF ISSUANCE:April 5, 2022
OWNER:City of Bozeman OWNER PROJ. NO.
121 N Rouse Ave.
Bozeman, MT 59715
CONTRACTOR:CK May Excavating Inc.ENGINEER:Sanderson Stewart
P.O. Box 1426
Belgrade, MT 59714 ENGINEER PROJ. NO.19078.04
CONTRACT FOR:
You are directed to make the following changes in the Contract Documents.
Purpose of Change Order:
Explanation of Items.See detailed explanation below.
Attachments:
CHANGE IN CONTRACT PRICE:CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$4,267,389.88 180
days or date
Previous Change Order No. 1 Net change from previous Change Orders
$77,009.66 0
days
Contract Price prior to this Change Order Contract Time prior to this Change Order
$4,344,399.54 180
days or date
Net INCREASE of this Change Order Net INCREASE of this Change Order
$398,316.42 90
days
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
$4,742,715.96 270
days or date
RECOMMENDED:ACCEPTED:
by: ________________________________________ by: __________________________________________
Sanderson Stewart Date CK May Excavating, Inc. Date
APPROVED:
by: ________________________________________
City of Bozeman Date
Griffin Drive and Manley Road
To provide street improvements, utilities and electrical on Griffin Drive and Manley Road in Bozeman, MT.
To incorporate changes in the path negotiated during the R/W acquisition process. And improve the
intersection of North Rouse Avenue and Griffin Drive to meet ADA requirements.
See attached summary of unit price changes from CK May Excavating
Page 1 of 3
4/4/2022
219
CHANGE ORDER NO. 2
PROJECT:Griffin Drive and Manley Road DATE OF ISSUANCE:April 5, 2022
Bid Contract Change Order Contract Change Order Dollar Amount
Item Unit Quantity Quantity Price Price Increase
CHANGE ORDER NO. TWO (Design Changes)
106 CY 405 350 $27.00 27.00 (1,485.00)$
107 SY 1,525 2,143 $2.05 2.55 2,338.40$
110 LF 107 235 $5.64 6.00 806.52$
113 CY 700 1,722 $45.13 46.06 47,724.32$
114 SY 1,475 3,643 $1.50 1.75 4,162.75$
115 SY 1,325 1,617 $21.65 22.75 8,100.50$
116 LF 700 910 $15.21 16.01 3,922.10$
120 SF 3,550 2,767 $8.79 9.54 (4,807.32)$
121 SF 1,805 1,753 $5.78 5.93 (37.61)$
123 SY 480 492 $26.85 28.45 1,109.40$
124 SF 850 - $10.03 10.03 (8,525.50)$
129 LF - 318 $152.11 195.00 62,010.00$
130 SF - 973 $74.53 74.53 72,517.69$
147 LF 190 - $5.53 5.53 (1,050.70)$
SUBTOTAL 186,785.55$
CHANGE ORDER NO. TWO (Remaining Contract Work)
Remaining
Quantity
Contract
Price
Change
Order Price
101 LS 0.40 $141,669.66 - 42,305.00$
102 LS 0.60 $213,864.62 - 106,932.31$
104 LS 0.50 $7,335.37 - 3,667.69$
107 SY 10,676 $2.05 $2.55 5,338.00$
113 CY 5,048 $45.13 $46.06 4,694.64$
115 SY 9,473 $21.65 $22.75 10,420.30$
116 LF 3,900 $15.21 $16.01 3,120.00$
118 LF 535 $25.94 $32.09 3,290.25$
119 SF 935 $6.23 $7.04 757.35$
120 SF 6,600 $8.79 $9.54 4,950.00$
121 SF 1,975 $5.78 $5.93 296.25$
122 SY 2,300 $20.53 $23.55 6,946.00$
123 SY 3,930 $26.85 $28.45 6,288.00$
126 SF 2,587 $13.09 $16.30 8,304.27$
128 LF 796 $21.38 $23.71 1,854.68$
131 SF 3,242 $8.11 $8.32 680.82$
132 SF 2,202 $9.38 $9.86 1,056.96$
138 SY 4,189 $15.68 $15.83 628.35$
SUBTOTAL 211,530.87$
TOTAL NET INCREASE 398,316.42$
Curb and Gutter
Description
Strip, Stockpile & Replace or Dispose of
Sawcut and Remove & Dispose Existing
Remove and Dispose of Existing Curb and
1 1/2-inch Crushed Base Course (17-inch
Separation Geotextile
Asphalt Surface Course (5-inch Section)
1 1/2-inch Crushed Base Course (17-inch
6-inch Path Concrete and Base Course
6-inch Concrete Approach and Base Course
Asphalt Path (2.5-inch Section and includes
Stamped Concrete (4-inch thick, includes
42-inch Pedestrian Railing
Versa-Lok Retaining Wall
Obliterate Existing Pavement Markings (4-
Mobilization and Insurance
Traffic Control During Construction
SWPPP Implementation
Sawcut and Remove & Dispose Existing
6-foot Wide Double Gutter
Asphalt Surface Course (5-inch Section)
Curb and Gutter
Type - A Median Curb
3-inch Median Concrete and Base Course
6-inch Path Concrete and Base Course
6-inch Concrete Approach and Base Course
Asphalt Drive Approach Surface Course (4-
Asphalt Path (2.5-inch Section and includes
Accessibility Ramp (Includes Base Course
Flowable Fill Cap for Gas Main
Curb Return Fillet
Subgrade Stabilization with 6-inch additional
Page 2 of 3 220
CHANGE ORDER NO. 2
Item No.
CO 2
EXPLANATION OF ITEMS
1.Design Changes
•The design of the path between approximate station 247+65.00 LT. and 251+75.00 LT. was revised to include curb walk
with a new retaining wall to avoid impacting existing private landscape features and front yards of the adjacent residences
as negotiated during the right-of-way acquisition process.
•The improvements to North Rouse Avenue were extended to the north to provide acceptable ADA grades at the ramps
and cross walk at the intersection of North Rouse Avenue and Griffin Drive.
•Increased quantity of subbase and geotextile fabric under approaches.
2. There have been three unexpected complexities associated with the project that have caused and/or will cause delays
of construction activities. These items have resulted in the need for additional contract time which affects the cost of
insurance and mobilization, traffic control, and SWPPP implementation. Additionally, unit prices on asphalt and concrete
have increased substantially since the time of bid. The delays have reduced the anticipated percent complete to date,
resulting in a significant amount of work being completed at a higher price than originally estimated.
•Ongoing right-of-way negotiations during construction. Construction activities, during the 2021 construction season and
expected on the 2022 construction season, have been and will be delayed or slowed down to avoid parcels that do not have
executed right-of-way agreements. Additionally, because the necessary construction permits and right-of-way were not fully
acquired at the time of bidding, there was a delay in approving the Notice to Proceed. The Notice of Award was approved
on April 27th, 2021 and the Notice to Proceed was approved July 28th, 2021. The right-of-way was not fully acquired on
the east half of Griffin in 2021. This resulted in additional mobilizations, job lengthening into 2022 and material price
increases for gravel, asphalt and concrete. Because of the time delay from the right-of way acquisition that pushed the
majority of the project into 2022, the unit prices of 20 bid items increased that were not able to be purchased in advance.
Additionally, because the project could not be sequenced according to the typical sequence of operation due to the right-of-
way acquisition delays, and not having the full construction season of 2021 additional contract time is requested.
•Construction of HRDC Facility. The scope of traffic control for the project has expanded to accommodate access for
construction vehicles and equipment to enter and exit the new HRDC facility.
•Lumen utility relocations. There are extensive communication utilities along the corridor and many relocations were
required. Lumen was slow to relocate utilities which caused delays while attempting to work around utilities.
Page 3 of 3 221
DESCRIPTION UNIT
ORIGINAL
QTY
REMAINING
QTY UNIT PRICE
INCREASED UNIT
PRICE
ADDITIONAL
QTY
TOTAL DOLLAR
AMOUNT CHANGE
101 Mobilization and Insurance LS 1 0 $141,669.66 $26,200.00 0.00 42,305.00
Additional Mob - Montana Lines $2,500x1.05= $2625
Additional Mob - Treasure State $7,500x1.05=$7,875
Additional Mob/Insurance - CK May
Machinery Re-Mob - $2,625
Service Trucks - $4200
Insurance -$22,380
MRL Insturance - $2600
102 Traffic Control During Construction LS 1 1 $213,864.62 $0.00 0.50 106,932.31
3 months longer than bid - 9 months vs 6 months=50% increase
104 SWPPP Implementation LS 1 1 $7,335.37 $0.00 0.50 3,667.69
3 months longer than bid - 90 months vs 6 months=50% increase
107 Sawcut and Remove & Dispose Existing Asphalt SY 10,676 $2.05 $0.50 5,338.00
Direct Price increase from Sub: $2.43 plus 5% = $2.55
113 1 1/2-inch Crushed Base Course (17-inch Thick) CY 7,900 5,048 $45.13 $0.93 0.00 4,694.64
Direct Price increase from supplier:$0.60 LCY. Proctor of 137.3lbs per cfx27cf per
cy=3,707.1lbs per cy/2,743 lbs/cy unit weight=1.35 $0.60*1.35=$0.81*15%=$0.93 0.00
115 Asphalt Surface Course (5-inch Section)SY 13,300 9,473 $21.65 $1.10 0.00 10,420.30
Direct Price increase from Sub:$1.05 plus 5% =$1.10
116 Curb and Gutter LF 6,200 3,900 $15.21 $0.80 0.00 3,120.00
Direct Price increase from Sub:$0.76 plus 5% =$0.80
118 Type - A Median Curb LF 535 535 $25.94 $6.15 0.00 3,290.25
Direct Price increase from Sub:$5.86 plus 5% =$6.15
119 3-inch Median Concrete and Base Course SF 935 935 $6.23 $0.81 0.00 757.35
Direct Price increase from Sub:$0.77 plus 5% =$0.81
120 6-inch Path Concrete and Base Course SF 6,600 6,600 $8.79 $0.75 0.00 4,950.00
Direct Price increase from Sub:$0.71 plus 5% =$0.75
121 6-inch Concrete Approach and Base Course SF 6,660 1,975 $5.78 $0.15 0.00 296.25
6" gravel @ $0.93/BCY=$0.15
122 Asphalt Drive Approach Surface Course (4-inch Section) SY 2,950 2,300 $20.53 $3.02 0.00 6,946.00
Direct Price increase from Sub:$2.88 plus 5% =$3.02
123 Asphalt Path (2.5-inch Section and includes 9-inch Base Course Gravel) SY 5,530 3,930 $26.85 $1.60 0.00 6,288.00
Direct Price increase from Sub:$1.26 plus 5% =$1.32
9" gravel @ $0.93/BCY=$0.28
126 Accessibility Ramp (Includes Base Course Gravel) SF 3,680 2,587 $13.09 $3.21 0.00 8,304.27
Direct Price increase from Sub:$3.06 plus 5% =$3.21
128 Flowable Fill Cap for Gas Main LF 796 796 $21.38 $2.33 0.00 1,854.68
Direct Price increase from supplier: $30/CY = $2.33/LF
131 Curb Return Fillet SF 3,435 3,242 $8.11 $0.21 0.00 680.82
Direct Price increase from Sub:$0.20 plus 5% =$0.21
132 6-foot Wide Double Gutter SF 2,400 2,202 $9.38 $0.48 0.00 1,056.96
Direct Price increase from Sub:$0.46 plus 5% =$0.48
138 Subgrade Stabilization with 6-inch additional dig out, BX 1200 Geogrid and 6-inches of additional crushed base course (Only used at discretion of Engineer)SY 4,433 4,189 $15.68 $0.15 0.00 628.35
6" gravel @ $0.93/BCY=$0.15
CO#2 Total 211,530.87
GRIFFIN/MANLEY RD CHANGE ORDER #2
222
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5395 Intent to Create a Special Improvement Lighting District 771
for Bozeman CoHousing Superseding Resolution 5380
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5395, Intent to Create Special Improvement Lighting
District #771 for Bozeman CoHousing Superseding Resolution 5380.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Due to a error by the Clerks' Office, the passage of Resolution 5380 was not
properly noticed and requires a new notice of intent to create SILD 771.
BACKGROUND: 7-12-4301. Special improvement districts for lighting streets
authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
223
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $32.41 per acre within the district or $139.68 annually for
the entire district, or on an average size lot of 230,737 square feet the
annual estimated cost would be $139.68, which is payable semiannually.
Attachments:
Suerpseding Resolution 5395-Intent to Create SILD 771.docx
Exhibit A-Bozeman CoHousing.pdf
Exhibit B-Bozeman CoHousing.xlsx
Report compiled on: April 3, 2022
224
Page 1 of 10
SUPERSEDING RESOLUTION 5395
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
771 (BOZEMAN COHOUSING)DECLARING IT TO BE THE INTENTION OF THE
CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
WHEREAS, noticing as required by Resolution 5380 as not completed requiring a new
resolution of intent.
NOW, THEREFORE, BE IT RESOLVED by the City Commission (the
“Commission”) of the City of Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Bozeman CoHousing (the
“District”) for the purpose of maintenance and energy costs.The district will pay the maintenance
and energy costs for one (1) Signify Lumec Domus Small LED 30 watt single down swept
luminaire on round tapered steel poles,mounted at 10-18 ft.height per City of Bozeman standards;.
The poles will be black powder coated over steel. The initial monthly charge per fixture per month
(the “Monthly Charge”) is estimated as follows: $11.64 per 30 watt LED fixture. This calculates
225
Resolution 5395, Intent to Create Lighting District 771
Page 2 of 10
to $139.68 annually.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 771 (Bozeman CoHousing) of the City
of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5.The annual maintenance and energy costsare estimated at $139.68, and shall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
226
Resolution 5395, Intent to Create Lighting District 771
Page 3 of 10
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
of streets, avenuesand alleys.The total area of the District to be assessed is 5.297acres, or 230,737
square feet, exclusive of parks and open space. The initial costs of the Improvements per acre
shall be $26.37 or $0.000605 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $139.68, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $120.76 per acre, or $0.002772 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
227
Resolution 5395, Intent to Create Lighting District 771
Page 4 of 10
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first
publication of the notice of the passage and approval of this resolution, any owner of real property
within the District subject to assessment and taxation for the cost and expense of maintenance and
energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said
15-day period (May 2, 2022) written protest against the proposed maintenance and energy costs,
or against the extension or creation of the District or both, and this Commission will at its next
regular meeting after the expiration of the fifteen (15) days in which such protests in writing can
be made and filed, proceed to hear all such protests so made and filed; which said regular meeting
will be held on May 17, 2022 at 6 pm in Bozeman City Hall, City Commission Room, 121 N
Rouse Ave.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on April 17, 2022 and April 24,
2022, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said
notice to every person, firm, corporation, or the agent of such person, firm, or corporation having
real property within the District listed in his or her name upon the last completed assessment roll
for state, county, and school district taxes, at his last-known address, on or before the same day
such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 12th day of April, 2022.
___________________________________
228
Resolution 5395, Intent to Create Lighting District 771
Page 5 of 10
CYNTHIA ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
229
Resolution 5395, Intent to Create Lighting District 771
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5395, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 771 (BOZEMAN COHOUSING) DECLARING IT TO BE
THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on April 12, 2022, and that the meeting was duly
held by the City Commission and was attended throughout by a quorum, pursuant to call and notice
of such meeting given as required by law; and that the Resolution has not as of the date hereof
been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 12
th day of April, 2022.
___________________________________
MIKE MAAS
City Clerk
230
Resolution 5395, Intent to Create Lighting District 771
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 771
(BOZEMAN COHOUSING)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on April 12, 2022 the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Superseding Resolution
of Intention No. 5395 to create Special Improvement Lighting District No. 771 (the “District”) for
the purpose of maintaining lighting and assessing the cost for maintenance and energy to
BOZEMAN COHOUSING, and paying maintenance and energy costs relating thereto.
A complete copy of the Superseding Resolution of Intention (the “Resolution”) No. 5395
is on file with the City Clerk which more specifically describes the nature of the costs, the
boundaries andthe area included in the District, the location of the Improvements and other matters
pertaining thereto and further particulars. A list of properties in the District and the amount of the
initial assessment accompanies this notice. The Resolution and accompanying exhibits may be
also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and
energy costs for one (1) Signify Lumec Domus Small LED 30 watt single down swept luminaire
on round tapered steel poles, mounted at 10-18 ft height per City of Bozeman standards;. The
poles will be Black Powder Coat over steel. The initial monthly charge per fixture per month (the
“Monthly Charge”) is estimated as follows: $11.64 per 30 watt LED fixture or. This calculates to
$139.68 annually.
All properties in the District will be assessed for their proportionate share of the costs of
the Improvements on an “area basis” annually and will be payable in equal semiannual
installments. The annual costs of the Improvements at the initial Monthly Charge is $11.64
per year for the entire District. The total area of the District to be assessed is 5.297 acres, or
230,737 square feet, exclusive of parks and open space. The initial costs of the Improvements per
acre shall be $26.37, or $0.000605 per square foot. On an average size lot of 230,737 square feet
the annual estimated cost would be $139.68 which is payable semiannually. The annual
assessments for costs of the Improvements may be increased as approved by the Public Service
231
Resolution 5395, Intent to Create Lighting District 771
Commission and may be increased to cover extraordinary expenses of repair and maintenance.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assess in the
same manner as the Improvements resulting in a cost not to exceed $120.76 per acre, or $0.002772
per square foot.
On Tuesday, May 17, 2022, at 6:00 p.m., in the Commission Room at City Hall 121
N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear
and pass upon all written protests against the creation or extension of the District, or the
Improvements. Members of the public will also be able to participate remotely via WebEx.
Instructions for joining the WebEx meeting will be included on the meeting agenda which is
published on the City’s website at least 48 hours prior to the meeting. The agenda is available
at https://www.bozeman.net/meetings.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on May
02, 2022.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 12th day of April, 2022.
Mike Maas
City Clerk
City of Bozeman
Legal Ad
232
Resolution 5395, Intent to Create Lighting District 771
Publication Dates:
Sunday, April 17, 2022
Sunday, April 24, 2022
233
Resolution 5395, Intent to Create Lighting District 771
SUPERSEDING RESOLUTION 5395
Resolution of Intent to create SILD No. 771 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to BOZEMAN COHOUSING, and paying
maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
STATE OF MONTANA )
: ss
County of Gallatin )
Mike Maas, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regards to the owners in Special
Improvement Lighting District No. 771, as listed in Exhibit "B", on Friday, April 15, 2022,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
Mike Maas
City Clerk
Subscribed and sworn before me this 15
th day of April, 2022.
(Notarial Seal)
_______________________________
Printed Name____________________
Notary Public for the State of Montana
Residing at: see seal
My Commission expires: see seal
234
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WAGONWHHELROAD&CONCORDDRIVEDesigner
BD
Date
08/24/2021
Scale
Not to Scale
Drawing No.
Summary
1 of 1
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
(HOR) Intersection - Wagonwheel Road and Concord
Drive 0.6 fc 3.4 fc 0.0 fc N/A N/A
(VER) Light Trespass - Concord Drive N 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Concord Drive S 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road E 0.0 fc 0.1 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road NW 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Light Trespass - Wagonwheel Road SW 0.0 fc 0.0 fc 0.0 fc N/A N/A
(VER) Pedestrian Crossing - Wagonwheel Road E 2.9 fc 5.3 fc 0.6 fc 8.8:1 4.8:1
(VER) Pedestrian Crossing - Wagonwheel Road W 0.0 fc 0.0 fc 0.0 fc N/A N/A
Schedule
Symbol Label Image Quantity Manufacturer Catalog Number Description NumberLamps LumensPer Lamp Light LossFactor Wattage Plot
A
1 SIGNIFY LUMEC DOS-30W16LED3K-T-
LE4F-HS
DOMUS, 3000K, TYPE LE4F OPTIC, FLAT
GLASS, INTERNAL SHIELDS
1 2253 1 37.57
236
ACTUAL
Acct #Phase Blk Lot Sq Ft Owner Owner Address
274660 1 3120 Wagonwheel Rd 230,737 Bozeman COHO LLC 318 S 129th Ave, Bozeman MT 59715
230,737.32
Cost of light
Per month 11.64$ MONTHLY YEARLY
Yearly 139.68$ Cost per sq ft 0.000050 0.000605
Cost per lot 11.64$ 139.68$
Cost per Acre 2.20$ 26.37$
$500 added =639.68 Cost per Acre 96.59$ 120.76$
Cost Per Sq ft 0.002217 0.002772
Address
BOZEMAN COHOUSING
@BCL@68063CC4.xlsx 4/3/2022/6:22 PM237
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
David Fine, Economic Development Program Manager
SUBJECT:Ordinance 2106 Final Adoption Approving a Project in the Downtown Urban
Renewal District as an Urban Renewal Project; Making Findings with Respect
Thereto and Approving the Use of Tax Increment Revenues or Tax Increment
Revenue Bonds to Reimburse Eligible Costs Thereof
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to approve the staff findings in the Commission Memorandum at
provisionally adopt Ordinance 2106.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Bozeman City Commission voted 5-0 to provisionally adopt Ordinance
2106 on April 1, 2022. This action is for final adoption of the Ordinance.
Please see attached Commission Memorandum for background information.
UNRESOLVED ISSUES:Please see attached Commission Memorandum.
ALTERNATIVES:Please see attached Commission Memorandum.
FISCAL EFFECTS:Please see attached Commission Memorandum.
Attachments:
Commission_Memo_Fire_Station_URP_Designation_032222.pdf
Ordinance__2106_approving_Fire_Station_project.docx
Report compiled on: March 11, 2022
238
Memorandum
REPORT TO: City Commission
FROM: Jeff Mihelich, City Manager
David Fine, Economic Development Manager, Housing and Development
SUBJECT: Ordinance 2106 Provisional Adoption Approving a Project in the Downtown
Urban Renewal District as an Urban Renewal Project; Making Findings with
Respect Thereto and Approving the Use of Tax Increment Revenues or Tax
Increment Revenue Bonds to Reimburse Eligible Costs Thereof
MEETING DATE: March 22, 2022
AGENDA ITEM TYPE: Action
RECOMMENDATION: “I move to approve the staff findings in the Commission Memorandum and
provisionally adopt Ordinance 2106.”
Background
The City is soliciting offers from private investors to redevelop the Fire Station 1 property within the
District as a project with a significant workforce housing component. Due to very high development
costs in Bozeman, projects with a workforce housing component often feature a capital gap – the delta
between the cost to produce a workforce housing unit and the sale price or lease rate necessary for an
investor to complete the project. Recent analysis showing a capital gap in Bozeman housing construction
is instructive. One Valley Community Foundation partnered with Future West on a study of housing
affordability in the Bozeman area. For units defined as affordable for households making 100% of the
area median income (AMI), the analysis showed a capital gap of $99,800 for attached townhome units.
Rental units showed a smaller, though still significant capital gap. An analysis by Root Policy Research, a
real estate economics firm hired to revise the City’s approach to housing affordability, showed that
stacked condominium units may actually be more costly to construct due to elevators and other costs
related to building type. While these studies do not represent an analysis of a specific project in
Downtown, they are illustrative of the capital gap faced by most projects attempting affordability in the
Bozeman area. These financial realities imply that workforce housing, particularly in an area with high
land costs, like the Downtown core, will likely require an incentive or subsidy to be feasible in the
Bozeman market.
239
Past Workforce Housing Efforts Downtown
The Downtown Urban Renewal District Board (the “Board”) has long sought the creation of workforce
housing units in Downtown Bozeman. In Fiscal Year 2012, the Board created and included $100,000 in
its annual work plan and budget as a “Residential Housing Incentive Grant.” The Board included the
same incentive amount in its work plan and budget for each subsequent fiscal year until, in FY 2022, the
Board increased the amount appropriated for the program to $250,000. The program, to date, has not
received any applications. The Board, nevertheless, has clearly signaled their intent to support
community housing with $1,150,000 in appropriations over the past 10 fiscal years.
The 2019 Downtown Improvement Plan reconfirmed the Board and the City’s commitment to workforce
housing Downtown and suggested that the District should go further to promote affordability:
The City and the Partnership can actively work with developers to construct multi-family for rent
housing projects. For example, the Downtown Partnership could retool the Residential “Incentive
Program” which helps with impact fees to only apply to studios and one bedrooms units or to
any project that has long-term affordability controls. (p. 106)
For example, the District could emulate other districts like the Midtown Urban Renewal District, for
which the City Commission approved $2.1 million in incentives to encourage workforce housing in
Midtown in May 2021. By way of comparison, this project was proposed with 90 units of workforce
housing and 10 units of market rate housing, with a per unit subsidy for the workforce units of $24,092
per unit. While these numbers appear large, independent, third party pro forma analysis determined
that the incentives are reasonable to create workforce housing units.
The Downtown Urban Renewal Board considered a Resolution to recommend that the Bozeman City
Commission designate a workforce housing project at the Fire Station site as an urban renewal project
at two meetings. At a February 15, 2022 meeting, the Board voted 2-2 on a motion to deny the
Resolution to designate the project as an urban renewal project, which resulted in no action. Staff
returned to the Board at March 1, 2022 meeting with additional information. At this meeting, a motion
to adopt the Resolution failed 2-2.
Status of Current Offers.
City Staff reviewed offers on the Fire Station site with a workforce housing component. All of the active
offers providing workforce housing requested TIF incentives. All but one of these offers requested
$1.6M in TIF incentives to promote affordability. One offer requested $1M in TIF incentives, but also
required that the City supply parking off-site in the Bridger Park Garage. This contingency was counter to
current policy regarding providing long-term leases in the Bridger Park Garage, and the distance to
Bridger Park Garage from the Fire Station exceeds the allowable distance for off-site parking in the
Unified Development Code. Another offer required the City to provide a loan for 90% of the purchase
price and required $1.6M in TIF incentives. This offer was also not financially feasible for the City. Given
this information, City Staff were able to reduce the number of recommended workforce housing offers
to a single recommended offer, which provided workforce housing.
As an offer including a workforce housing component, City Staff is recommending Cory Reistad’s Offer
for its strength in terms of number of workforce housing units, associated contingencies, and other
factors. Like other potential buyers, Reistad requested $1.6M in TIF assistance. In a meeting with the
Reistad team, the potential buyer was able to clarify a number of points regarding their offer.
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Reistad and his team propose to provide at least 50 for-sale units
• In negotiations, the buyer requested flexibility from their proposed pro-forma, which
will be updated to reflect current construction conditions and final design during the
due diligence period. (The attached pro forma calls for 57 units on the site.)
• All units would have long-term, deed restricted affordability for households making
120% AMI or less.
Given the increased cost of Downtown land and the recently approved Midtown project, a subsidy of
$32,000 per unit appears reasonable.
Alignment with the Downtown Urban Renewal Plan and Downtown Improvement Plan.
The Ordinance enumerates the ways in which the project is consistent with the City’s planning
documents including the Bozeman Community Plan, the Downtown Urban Renewal Plan, and the 2019
Downtown Improvement Plan. The City should consider the principles and implementation actions of
the Downtown Urban Renewal Plan in determining whether to designate an Urban Renewal Project.
Four of the nine principles of the Downtown Urban Renewal Plan specifically call for enabling high
density housing in and around Downtown. All of the nine principles call for further implementation of
the urban renewal plan through updates to the Downtown Improvement Plan. These documents directly
call for the creation of affordable housing in Downtown Bozeman and the 2019 Downtown
Improvement Plan specifically suggests creating incentives for projects with long-term affordability
controls.
Implementation Actions from the Downtown Urban Renewal Plan (1995, 2015)
Principle 1: Strengthen Downtown’s Economic Vitality
• (5) Enable high density housing in and around Downtown
• (10) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 2: Community Partnership….is Fundamental to Downtown’s Success
• (4) Enable high density housing in and around Downtown.
Principle 3: Improve Safety Security and Health of the District
• (14) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 4: Improve Downtown’s Accessibility
• (10) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 5: Encourage Downtown Diversity
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• (1) Evaluate the City-County Master Plan, Zoning Code, development standards, regulatory
practices and administrative procedures to identify and broaden opportunities for diversity in
housing, employment, business, cultural activities and community events.
• (2) Enable high density housing in and around Downtown.
Principle 6: The Cost of Projects and Programs Shall Be Weighed Against Their Benefits
• (7) Evaluate the City-County Master Plan, Zoning Code, development standards, regulatory
practices and administrative procedures with the objective being to identify and eliminate all
unnecessary barriers to investment and reinvestment.
Principle 7: Downtown Shall Become More User Friendly
• (11) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 8: The Image of Downtown Shall Be Continuously Improved
• (13) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Principle 9: Cultural Activities Shall Be Nurtured and Expanded Downtown
• (4) Enable high density housing in and around Downtown.
• (6) Further refine, prioritize and implement the urban renewal plan by adopting updates to the
“Downtown Improvement Plan” outlining specific programs and projects.
Ordinance 2106
Ordinance 2106 aims to incentivize the redevelopment of the Fire Station 1 with workforce housing by
designating such a project as an Urban Renewal Project and offering a financial incentive of $1,600,000
for a proposed project that contains at least 50 units of workforce housing. The Ordinance defines
workforce housing as housing that is affordable to households making 120% AMI or less. The District
would pay the proposed incentive at the time the Project obtains a Certificate of Occupancy to ensure
the project is completed, thereby mitigating the risk to urban renewal funds and ensuring the creation
of new taxable value by the Project. Terms related to payment of the incentive funds will be included in
a future Development Agreement, which will be negotiated with a Buyer and approved at a later date.
Approval of Ordinance 2106 does not tie the incentive amount to a particular buyer of the property or
obligate the City to sell the property. The Ordinance defines the scope of a proposed urban renewal
project and the incentives the City would be willing to offer in order to meet specific urban renewal
objectives. Once defined as an urban renewal project, these terms could be offered to any qualified
future buyer or developer of the property.
Required Findings
Staff analyzed the findings required by statute found that the Project meets all of the five required
findings.
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1) No persons will be displaced from their housing by the Project;
a) The site is currently a Fire Station and does not have a residential use.
2) The Plan and the Project conform to the Bozeman Community Plan or parts thereof for the
City as a whole;
a) Pursuant to the Recitals in the Ordinance and the Staff Memorandum to the City
Commission, the Project is found to be in conformance with the Bozeman Community
Plan and its subordinate neighborhood plans, including the 2019 Downtown
Improvement Plan.
3) The Plan and the Project will afford maximum opportunity, consistent with the needs of the
City as a whole, for the rehabilitation or redevelopment of the District by private enterprise;
a) The City is utilizing a competitive solicitation of offers for private developers to
redevelop the site with a workforce housing component.
4) Taking into account the use of tax increment revenues or the proceeds of tax increment
revenue bonds to reimburse the Developer for all or a portion of the Eligible Costs, there is
expected to be a sound and adequate financial program for the financing of the Project;
a) The Downtown Urban Renewal District currently has adequate cash reserves to support
the proposed incentive payment.
5) The Project constitutes an urban renewal project within the meaning of the Act and the
Plan.
a) Pursuant to the Recitals and the Staff Memorandum to the City Commission, the Project
is found to be in conformance with the Downtown Urban Renewal Plan, which was
previously found by the City Commission to be in conformance with the Act.
Unresolved Issues
City Staff will negotiate issues related to timing, affordability covenants, and number of units in a future
Development Agreement for approval by the City Commission.
Fiscal Effects
The Downtown Urban Renewal District Fund has adequate reserves and annual revenues to appropriate
$1.6 million in a future fiscal year to make a payment required by a Development Agreement and/ or a
Purchase and Sale Agreement for the Fire Station property.
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ORDINANCE 2106
ORDINANCE APPROVING A PROJECT IN THE DOWNTOWN URBAN RENEWAL
DISTRICT AS AN URBAN RENEWAL PROJECT;MAKING FINDINGS WITH
RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES
OR TAX INCREMENT REVENUE BONDS TO REIMBURSE ELIGIBLE COSTS
THEREOF
BE IT ORDAINED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Recitals.
1.01 Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and
43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and
adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects
therein, provide for the segregation and collection of tax increment with respect to property taxes
collected in such areas, and apply tax increment revenues derived from projects undertaken
within the urban renewal area to pay eligible costs.
1.02. Pursuant to the Act and Ordinance No. 1409, adopted on November 20, 1995, and
Ordinance No. 1928 adopted December 28, 2015 (collectively, the “Ordinance”), the
Commission created the Downtown Urban Renewal District (the “District”) and approved the
Downtown Urban Renewal District Plan (the “Plan”)as an urban renewal plan in accordance
with the Act, which Plan provides for the segregation and collection of tax increment revenues
with respect to the District.
1.03. The 2020 Bozeman Community Plan identified community housing as “one of
Bozeman’s most serious problems,”
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
2
1.04. The 2020 Bozeman Community Plan goals, “Encourage distribution of affordable
housing units throughout the City with priority given to locations near commercial, recreational,
and transit assets.”
1.05. The 2020 Bozeman Community Plan goals urge policymakers to, “Require
development of affordable housing through coordination of funding for affordable housing and
infrastructure.”
1.06. The 2020 Bozeman Community Plan calls for prioritizing infill stating,
“Concentrated development uses land more efficiently, may reduce infrastructure costs, and
reduces the overall amount of road surface and need for parking lots, improving overall access to
parks, schools, and shops.”
1.07. The Urban Renewal Plan calls for the District to “Enable high density housing in
and around Downtown,” and “broaden opportunities for diversity in housing”
1.08. The Urban Renewal Plan lists as an implementation action to, “Further refine,
prioritize and implement the urban renewal plan by adopting updates to the “Downtown
Improvement Plan” outlining specific programs and projects.”
1.09. The 2019 Downtown Improvement Plan calls for the District to “Promote a range of
housing options,” including workforce housing and suggests a residential “Incentive Program”
for “any project which has long-term affordability controls.”
1.10. The 2019 Downtown Improvement Plan calls for the District to “Enable high
density housing in and around Downtown,” and “broaden opportunities for diversity in housing”
1.11. The City of Bozeman plans to sell its Fire Station 1 property, located at 34 N.
Rouse Ave., and harness its control of the site to incentivize the creation of workforce housing.
The City Commission supports providing an incentive of up to $1.6 million for an Urban
Renewal Project at the Fire Station 1 site that creates at least 50 units of workforce housing with
long-term affordability controls. The incentive must be to reimburse costs that may be paid by
tax increment financing as defined in 7-15-4288, MCA. For the purposes of this Urban Renewal
Project, workforce housing is defined as housing that is affordable to households making 120%
or less of the Area Median Income (AMI) as defined by the U.S. Department of Housing and
Urban Development (HUD). The City would pay the incentive after the project receives a
Certificate of Occupancy to mitigate risk to urban renewal funds and to ensure the creation of
new taxable value by the project. The Project would also include demolition of the existing Fire
Station structure and related infrastructure and utility improvements; and other related
improvements (collectively, the “Project”) as an urban renewal project under the Act and the
Plan. The Urban Renewal Funds will be available for up to a period of five (5) years after the
245
Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
3
Closing Date; after this five (5) year period, eligibility for the Urban Renewal Funds expire. To
maintain eligibility for the Urban Renewal Funds five (5) years, Buyer must seek approval from
the City Commission for renewal of extension of eligibility.
1.12. On March 22, 2022, a duly noticed public hearing was held on the question of
approving the Project as an urban renewal project and the use of tax increment revenues to
provide an incentive for workforce housing and all persons appearing were given an opportunity
to speak at the public hearing.
Section 2
Approval of the Project as an Urban Renewal Project.
The Commission hereby approves the Project as an urban renewal project under the Act
and the Plan. The Project, including the Eligible Costs, is contemplated by and within the scope
of the Plan, and the Eligible Costs are eligible for tax increment financing under the Act.
Section 3
Findings.
The Commission hereby finds with respect to the Project as follows:
a.no persons will be displaced from their housing by the Project;
b.the Plan and the Project conform to the Bozeman Community Plan or parts
thereof for the City as a whole;
c.the Plan and the Project will afford maximum opportunity, consistent with
the needs of the City as a whole, for the rehabilitation or redevelopment of the
District by private enterprise;
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
4
d.taking into account the use of tax increment revenues or the proceeds of
tax increment revenue bonds to provide an incentive for workforce housing, there
is expected to be a sound and adequate financial program for the financing of the
Project; and
e.the Project constitutes an urban renewal project within the meaning of the
Act and the Plan.
Section 4
Use of Tax Increment.
4.01. The Commission hereby approves the use of tax increment revenues to incentivize
the development of workforce housing at the Fire Station site, subject to the terms and conditions
of a negotiated Development Agreement.
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Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
5
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of March , 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
248
Ordinance 2106, Approving a Project in the Downtown URD as an Urban Renewal Project
A-1
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”), hereby certify that the attached resolution is a true copy of Ordinance No.
#### entitled: “ORDINANCE APPROVING A PROJECT IN THE DOWNTOWN URBAN
RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT; MAKING FINDINGS
WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT
REVENUES OR TAX INCREMENT REVENUE BONDS TO REIMBURSE ELIGIBLE
COSTS THEREOF”(the “Ordinance”), on file in the original records of the City in my legal
custody; that the Ordinance was duly adopted by the City Commission of the City at a regular
meeting on March 22, 2022, and that the meeting was duly held by the City Commission and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required by
law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the following
Commission members voted in favor thereof:
; voted against the same:
; abstained from voting thereon: ; or
were absent: .
WITNESS my hand and seal officially this 11th day of January, 2022.
(SEAL)
__________________________________
MIKE MAAS
City Clerk
249
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Community Development Director
SUBJECT:Carroll on Main Zone Map Amendment Requesting Amendment of the City
Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and
the Accompanying Adjacent Right-of-way from B-2 (Community Business
District) to B-2M (Community Business District-Mixed), Application 21438
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff
report for application 21438 and move to approve the Carroll on Main Zone
Map Amendment, with contingencies required to complete the application
processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro,
NC submitted an application to rezone two (2) parcels totaling 7.33 acres
from B-2 to B-2M. The property currently hosts the Dollar Spree and Gallatin
Valley Garden Center property. Although no future development plans were
submitted or required with the application, based on the applicant narrative
it appears future development will be “mixed-use.” The adjacent property
on the southwest corner of the subject property is also owned by Carroll on
Main, LLC.
Kirk Park is directly to the north of the norther parcel with direct access from
West Main Street and North 20th Avenue. The parent tract for both parcel
was created prior to the addition of the Montana Subdivision and Platting
Act by the West Park Manor plat recorded in 1964. This plat created Kirk
Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an
additional parcel that now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight
250
differences in building height, more permissive residential use, and
reduction of parking requirements. Building height in the B-2 district is
between 50-60 feet, depending on roof pitch. Building height in B-2M is five
(5) stories or 60 feet. Residential use is allowed on the ground floor in
without a Conditional Use Permit in the B-2M zone and may be permitted in
the B-2 district with an approved CUP.
Application materials can be viewed from on the City’s Laserfiche Repository
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this zone map amendment.
Attachments:
21438 Carroll ZMA CC Staff Report.pdf
Report compiled on: March 24, 2022
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Page 1 of 36
21438, Staff Report for the Carroll on Main Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on March 7, 2022 at 6:00 pm.
City Commission public hearing will be held on April 5, 2022 at 6:00 pm.
Project Description: The Carroll on Main zone map amendment requesting amendment
of the City Zoning Map for two existing lots consisting of approximately 7.33 acres
and the accompanying adjacent right-of way from B-2 (Community Business
District) to B-2M (Community Business District-Mixed).
Project Location: The property is located on the north side of the intersection of West
Babcock Street and Main Street, Addressed as 2121 West Main Street and more
thoroughly described as Tract 1 of COS 133-A and Lot 2 Minor Subdivision No.
72, both situated in the Northeast One-Quarter (NE ¼) of Section 11, Township
Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Community Development Board Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21438 and
move to recommend approval of the Carroll on Main Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended Commission Motion: Having reviewed and considered the staff report,
application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented
in the staff report for application 21438 and move to approve the Carroll on Main
Zone Map Amendment, with contingencies required to complete the application
processing.
Report Date: March 18, 2022
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 2 of 36
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The owner and applicant, Carroll on Main, LLC, 201 Elm Street, Greensboro, NC submitted
an application to rezone two (2) parcels totaling 7.33 acres from B-2 to B-2M. The property
currently hosts the Dollar Spree and Gallatin Valley Garden Center property. Although no
future development plans were submitted or required with the application, based on the
applicant narrative it appears future development will be “mixed-use.” The adjacent property
on the southwest corner of the subject property is also owned by Carroll on Main, LLC.
Kirk Park is directly to the north of the norther parcel with direct access from West Main Street
and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the
Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This
plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that
now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on March 7, 2022. After consideration of the application materials, Staff
report, and public comment the Board voted unanimously to recommend approval of the Zone
Map Amendment.
The video recording of the public hearing is available at:
https://bozeman.granicus.com/player/clip/252?view_id=1&redirect=true
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 3 of 36
Public comment has been received on this application. Comments can be reviewed at the
following link:
https://weblink.bozeman.net/WebLink/browse.aspx?id=259809&dbid=0&repo=BOZEMAN
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
254
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 4 of 36
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 11
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 22
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 36
FISCAL EFFECTS ................................................................................................................. 36
ATTACHMENTS ................................................................................................................... 36
255
Page 5 of 36
SECTION 1 - MAP SERIES
Figure 1: Aerial Image from Application – Google Earth
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 6 of 36
Figure 2: Vicinity Map (2021 image)
Subject
properties
Kirk
Park
257
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 7 of 36
Figure 3: Vicinity Map (2021 image)
Subject
property
258
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 8 of 36
Figure 4: Current Zoning Map (2021 image)
B-2
R-O
R-3
R-3
R-3
B-2
Subject
property
R-O R- 2 R-3
B-2M
259
21438 Staff Report for the Carroll on Main Zone Map Amendment Page 9 of 36
Figure 5: Future Land Use Designations (2021 image)
Subject
property
Community
Commercial
Mixed Use Urban
Neighborhood
Urban
Neighborhood
Parks and
Open Lands
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Page 10 of 36
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of B-2M shall be identified as the “Carroll on Main Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Carroll on Main Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Development Review Committee (DRC) considered the
amendment on December 15, 2021. The DRC did not identify any infrastructure or regulatory
constraints that would impede the approval of the application.
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on this zone map amendment on March 7, 2022 and forwarded favorable
recommendation to the City Commission on the zone map amendment. The meeting was held
through WebEx. Instructions on joining the meeting was included on the meeting agenda. The
meeting started at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on April 5, 2022.
The meeting will conducted in person or through WebEx. Instructions on joining the meeting
will be included on the meeting agenda. The meeting will begin at 6 p.m.
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 11 of 36
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety, and
general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements (criteria D). Therefore, to approve a zone map amendment
the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone
map amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of regulations for land development. Standards which prevent or mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in Chapter 38,
Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 12 of 36
The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the
Community Commercial Mixed-Use category.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “… the B-2M zoning district will allow various housing options and community
commercial space tailored to the surrounding area.” It should be noted that according to the
Tables 38.310.040.A, B, and C there are no differences in uses between the B-2 and the B-2M
zoning districts. There are however, important differences between the two districts. The
primary differences between these two districts is that B-2M requires less parking for most
uses, the ease in which residential uses may be established on the ground floor, and minor
increase in building mass through setbacks and building height.
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The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-
2M as desired outcomes to adapt to the needs of the community. This mix of development at
densities appropriate for a growing urban area is therefore grounded on tenets of the
Community Plan. Moreover, the B-2M zoning proposed through this application fosters
flexibility to address both current market trends and long term land use goals for the subject
property. The Community Plan includes several goals and objectives that are broadly served
through this application, including:
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development. Actions, staff, and budgetary resources relating to
neighborhood commercial development should be given a high priority.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).”
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements, which will ensure this criterion
is met. The change from B-2 to B-2M is not likely to adversely impact safety from fire and
other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
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water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4,
Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address public
safety, etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions; and identify enhancements needed to provide service
to new development. See page 19 of the BCP 2020 for a listing. The City implements these
plans through its capital improvements program (CIP). The CIP identifies individual projects,
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction. Dedication of
school facilities is not required by municipal zoning standards. However, School District 7 will
have opportunity to review and comment on future development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure.
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38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure
and compliance with all of the applicable requirements and development standards of
this chapter and other applicable policies, laws and ordinances. It is also not a guarantee
of immediate infrastructure availability or a commitment on the part of the city to bear
the cost of extending services.”
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The B-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. The subject properties have not undergone subdivision review and are relics
without full transportation network such as sidewalks, bike lanes, stormwater facilities, and
similar infrastructure. Additionally, potential future development within a zoning district of B-
2M will likely affect the City’s motorized and non-motorized transportation system with
increased traffic although not a guarantee. The existing 50,000 square foot building and
accessory uses on site generate considerable traffic. However, future development may require
a Traffic Impact Study to identify the extent of increased traffic volumes and specify required
infrastructure improvements to serve the development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
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effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 61, a Transit score of 22, and Bike Score of 70. Average walk
score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the
walks score measures the walkability of any address based on the distance to nearby places
and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
These values are provided by Walk Score, a private organization which presents information
on real estate and transportation through walkscore.com. The algorithm which produces these
numbers is proprietary. A score is not an indication of safety or continuity of services or routes.
Scores are influenced by proximity of housing, transit, and services and expected ability, as
determined by the algorithm, to meet basic needs without using a car. Sites located on the edge
of the community have lower scores than those in the center of the community as the area is
still under development and therefore diversity of uses is less than in fully established areas.
There are no adopted development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51).
The City’s future land use map designates the properties as Community Commercial Mixed-
Use. These designations correlate with several zoning districts including the B-2M district
proposed by the applicants. The districts were developed by the City to promote appropriate
urban growth compatible with the areas of the City as identified on the future land use map.
Based on the land use map designations and correlated zoning districts in the plan and proposed
by the applicants, the zone map amendment would promote compatible urban growth. Also
see the discussion in (H) below.
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The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial building, parking
area, other commercial businesses, and undeveloped area. There are a wide variety of uses
adjacent to the site including residential and commercial. A review of the uses allowed in the
proposed zones shows many similarities with existing and authorized uses in the surrounding
area. Therefore, the change in zoning does not appear to conflict with the character of the area.
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I. Peculiar suitability for particular uses.
Criterion met. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated. However, considering the
context of the site with a robust transportation system, large park area directly adjacent, major
streets serving the property, existing city services established, and the variety of land uses in
the immediate area, the proposed B-2M district allows for more similar configuration of uses
as the surrounding area, even though the B-2M district is a more intensive district than the
existing B-2 zoning generally allows.
As shown in Figure 4, the property is bounded by B-2 zoning on the east and south, R-O and
R-3 zoning to the west, and public lands to the north (Kirk Park). The site includes
redevelopment and infill opportunities. The proposed B-2M district can support many types of
urban development that are likely to serve the immediate area as a result of its location and
proximity to residential areas to the west. Final determination of suitability will occur during
the site development process.
J. Conserving the value of buildings.
Criterion met. The site has an existing commercial building, semi-permanent greenhouse
structures, a large associated parking area, and undeveloped areas hosting a considerable
amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development must
comply with the Bozeman Unified Development Code which will ensure an appropriate scale
and intensity of uses. As a result, the proposed zone map amendment is not anticipated to
negatively impact nearby building values as the development pattern will be appropriate to the
surrounding character of the district.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed B-2M district, while
other buildings’ values are unlikely to be impacted largely due to a robust real estate market
and lack of unmitigated offensive uses allowed by the proposed zoning district.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application complies with the BCP 2020 by proposing
zone map amendments of districts that continue to implement the future land use map
designations. In this case, urban mixed-use development have been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that are appropriate to a site’s context and according to the BCP 2020.
Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use development has
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been identified by the community as the most appropriate types of development for the
property. The Unified Development Code contains standards, protections and review processes
to ensure the land is developed in ways that protect and promote public health, safety, and
general welfare.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue
of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in
Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County
Comm’rs, in which the Court determined that the presence of the following three conditions
generally will indicate that a given situation constitutes spot zoning, regardless of variations in
factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that
are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’
The differences between B-2 and B-2M are small and not significant. Allowed uses are
identical although their integration into a single building does vary. As noted above,
parking requirements are considerably less in the B-2M district that the B-2 district. As a
result, the proposed B-2M zoning designation would not result in primary uses of the site
which are significantly different from prevailing land uses in the area. Finally, adjacent
properties underwent a similar request and was found to be compliant with adopted plans
and met the review criteria for rezoning to B-2M.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the B-2M zoning
designation is an implementing district to the commercial land use designation and may be
utilized by any other property owners who wish to employ the B-2M district to their
respective property. In addition, there is no difference in permitted uses between a B-2 and
B-2M district.
3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
No. No substantial negative impacts to the surrounding landowners or the general public
have been identified due to this amendment. While the number of landowners who will
directly benefit from the proposed zone map amendment is small (one), the proposed
amendment is not at the expense of surrounding landowners or the general public. As
discussed above in the various review criteria, no substantial negative impacts have been
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identified due to this amendment. The proposed B-2M zoning designation will allow for a
variety of uses conducive to the Community Commercial Mixed Use land use designation.
Further, as discussed in Criterion A, the application is consistent both the City’s and the
County’s growth policy. The growth policy is the overall land use policy for the
community. Consistency with the growth policy demonstrates benefit to the general public.
As discussed under Criterion D, the City’s development standards will require the applicant
to provide the needed infrastructure to support any proposed development prior to
construction. Concurrency and adequacy of infrastructure remove most potential injury to
others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner
at the expense of others. Development of the site in any manner may create additional
demand for services and change the character of the site as a large retail space and
substantial parking area. A change to an urban district does not inherently injure the
surrounding landowners.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw a
previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map for two existing
lots consisting of approximately 7.33 acres from B-2 (Community Business District) to
B-2M (Community Business District-Mixed).
The property currently hosts the Dollar Spree and Gallatin Valley Garden Center property. The
El Rodeo Mexican food bus has vacated the premises. Although no future development plans
were submitted or required with the application, based on the applicant narrative it appears
future development will be “mixed-use.” The adjacent property on the southwest corner of the
subject property is also owned by Carroll on Main, LLC.
Kirk Park is directly to the north of the norther parcel with direct access from West Main Street
and North 20th Avenue. The parent tract for both parcel was created prior to the addition of the
Montana Subdivision and Platting Act by the West Park Manor plat recorded in 1964. This
plat created Kirk Park. In 1975 COS 133 was used to create the parcel the Dollar Spree store
sits on and subsequently, Minor Subdivision 72 was filed to carve out an additional parcel that
now hosts Jiffy Lube.
The primary differences between the B-2 and B-2M districts are slight differences in building
height, more permissive residential use, and reduction of parking requirements. Building
height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-
2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a
Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an
approved CUP.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
February 20 and 27, 2022. The Community Development Board acting in their capacity as the
Zoning Commission hearing is scheduled for March 7, 2022 and the City Commission public
hearing is scheduled for April 5, 2022.
Public comment has been received on this application. Comments can be reviewed at the
following link:
https://weblink.bozeman.net/WebLink/browse.aspx?id=259809&dbid=0&repo=BOZEMAN
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APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the basic employment and services necessary for a vibrant community.
Establishments located within these categories draw from the community as a whole for their
employee and customer base and are sized accordingly. A broad range of functions including
retail, education, professional and personal services, offices, residences, and general service
activities typify this designation. In the “center-based” land use pattern, Community
Commercial Mixed Use areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. The density of
development is expected to be higher than currently seen in most commercial areas in Bozeman
and should include multi-story buildings…High density residential areas are expected in close
proximity. Including residential units on sites within this category, typically on upper floors,
will facilitate the provision of services and opportunities to persons without requiring the use
of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single land use. Higher intensity
employment and residential uses are encouraged in the core of the area or adjacent to
significant streets and intersections. As needed, building height transitions should be provided
to be compatible with adjacent development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit”.
Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHMU
2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
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Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
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a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
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B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 29 of 36
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial PLI
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B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
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Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
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4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
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3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 34 of 36
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high schools
and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 35 of 36
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set
forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the
second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
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21438 Staff Report for the Carroll on Main Zone Map Amendment Page 36 of 36
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Carroll on Main, LLC, 201 Elm Street, Greensboro, NC 27401
Applicant: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715
Representative: SMA Architecture + Design, 428 E Mendenhall Street, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206&cr=1
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Final Adoption of the Canyon Gate Annexation Agreement to Annex
Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill
Road and Bridger Drive and Implementing Covenant, Application 21337
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the revised Annexation Agreement and
proposed Covenants, Conditions, and Restrictions, the staff presentation,
public comment, and all information presented, I hereby rescind and nullify
the City Commission's previous authorization, provided on March 1, 2020, to
the City Manager to sign prior versions of these documents and hereby
approve the revised Annexation Agreement and implementing covenant and
authorize the City Manager to sign both documents.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Please note that this item only pertains to the Commission's decision to
annex the property; the decision regarding zoning within the property is not
relevant to this matter.
The City Commission conducted a public hearing on December 21, 2021 for
this application to annex property. The public hearing was continued to
January 11, 2022. After consideration of all information presented, the City
Commission directed revisions to the Annexation Agreement prior to final
adoption.
On March 1, 2022, the Commission voted to approve the Annexation
Agreement and covenant and direct the City Manager to sign them.
However, public comment at the meeting and in writing after the meeting
indicated that the Annexation Agreement contained terms that were
inconsistent with the City Commission's motion to approve the annexation
made at the January 11, 2022 City Commission meeting. The City Manager
did not sign the documents and directed Staff to review the motion and
address any inconsistencies in the Annexation Agreement and covenants.
The agreement presented tonight has been revised in accordance with
Commission direction. On page 12 of the Annexation Agreement, term
288
17.A.1. has been revised to apply building height limitations to the "entire
project," in accordance with the approved motion. The covenant to
implement this term has likewise been revised.
Staff notes two instances where the Bozeman Municipal Code (BMC)
provides guidance applicable to the building height restrictions adopted by
the City Commission in the Canyon Gate annexation. First, pursuant to
38.320.030.C, BMC, the maximum building height in the R-3 zoning district is
less than 50 feet. Because the City Commission cannot supersede
legislatively adopted zoning regulations, the 50 foot height limitation applied
to the "entire project" will not be applicable to areas zoned R-3. Second, the
BMC contains certain allowances for encroachments that extend above the
maximum building height limit for some specific building design elements,
like chimneys, solar panels, and stair and elevator penthouses. For example,
see 38.350.050.D, 38.320.030.C Footnote 5, and 38.320.050 Footnote 8. In
accordance with the BMC, these specific design elements are allowed to
encroach above the maximum height limit in the Canyon Gate Annexation
property.
Both documents are now presented for final action by the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution 5363 Canyon Gate Annexation 4-5-22 CC
meeting.pdf
Canyon Gate Annexation Map 12-16-21.pdf
Canyon Gate Annexation Agreement executed 3-23-22.pdf
Canyon Gate Covenants executed 3-23-22.pdf
Report compiled on: March 25, 2022
289
Version April 2020
RESOLUTION NO. 5363
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE CANYON GATE ANNEXATION, APPLICATION 21337.
WHEREAS, the City of Bozeman received a petition for annexation from Canyon Gate
Investors, LLC requesting the City Commission to extend the boundaries of the City of Bozeman
so as to include an area of land containing approximately 25.42 acres, located northeast of the
corner of Story Mill Road and Bridger Canyon Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on December
21, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
December 21, 2021; and
WHEREAS, on December 21, 2021, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
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Version April 2020
WHEREAS, on December 21, 2021, the Commission directed revisions to the annexation
agreement prior to adoption; and
WHEREAS, on March 1, 2022, a revised annexation agreement executed by the
Landowner was presented to the Commission;
WHEREAS, on April 5, 2022, a further revised annexation agreement executed by the
Landowner was presented to the Commission; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 25.42 acres, to wit:
Legal Description
A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed
Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy
Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW
parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per
Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section
31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal
Meridian Montana, Gallatin County, Montana, and more particularly described as follows:
Beginning at a point (P.O.B), which is the North West Corner of said COS No. 2408 and a point
on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of
Story Mill Road;
291
Version April 2020
thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek
Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point
being the North East corner of said Tract 7B;
thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek
Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said
lines;
thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE
corner of said Tract 7B;
thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South
line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of
Lot 45 of the MT. Baldy Subdivision;
thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a
point;
thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said
Sections 31 and 32 (aka the center line of Story Mill Road);
thence, N 00° 18' 18" E, along said section line (aka, centerline of said Story Mill Road)
and the west line of said Tract 7B, a distance of 321.72 feet to a point;
thence, leaving said centerline and West line of said Tract 7B, N 89° 28' 21" W, a
distance of 40.00 feet to a point being the SE ROW corner of Tract D of the Osborne
subdivision;
thence, along said east ROW and lines of Tracts A, B, C and D of said Osborne
Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of
said Tract A of said subdivision and the south ROW of Boylan Road;
thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B.
Said area being 1,094,594 square feet or 25.13 acres more or less, along with and subject to all
easements of record.
All as shown on the Canyon Gate Annexation map.
Section 2
The effective date of this annexation is April 11, 2022.
292
Version April 2020
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
293
294
Inter-office Orieinal to:City ofBozemanCity ClerkPO Box 1230Bozeman MT 549771-1230CANYON GATEANNEXATION AGREEMENTTHIS AGREEMENT made and entered into thisday of202_, by and between the CITY OF BOZEMAN, a self-governing municipal corporationorganized and existing under its Charter and the laws of the State of Montana with offices at 121N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", andCANYON GATE INVESTORS, LLC, of 111 W. Lamme Street, Suite 101, Bozeman MT 59715,hereinafter referred to as "Landowner."WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafterreferred to as the CANYON GATE ANNEXATION situated in Gallatin County, Montana, andmore particularly described as follows:A description of land being the SE IA of Section 31 and the SW IA of Section 32,Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County,Montana.Beginning at a point (P.O.B), which is the Northwest Comer of said COS No. 2408 and apoint on the N/S line between Sections 31 and 32 of said Township and Range and thecenterline of Story Mill Road.thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger CreekSubdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to apoint being the Northeast comer of said Tract 7B;Canyon Gate Annexation Agreement1295
thence, along the east line of Tract 7B, also the West line of Legends at Bridger CreekSubdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on saidline;thence, along said lines, S 01°47' 33" W, a distance of 62.90 feet to a point being theSE comer of said Tract 7B;Jthence, N 88° 19' 21" W, along the North Line ofMT. Baldy Subdivision and theSouth line of said Tract 7B, a distance of 817.12 feet to the NE comer of the West33.34 feet of Lot 45 of the MT. Baldy subdivision;thence, S 01° 44' 26" W, along the east line of said Lot, a distance of260.Gl feet toa point;thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between saidSections 31 and 32 (aka the center line of Story Mill Road);thence, leaving said section line and along the North ROW of Bridger Drive beingthe South boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of40.Glfeet a point at the intersection of said ROW, South Line and the West 40' ROW ofsaid Story Mill Road;thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distanceof 321.05 feet along said West ROW of Story Mill Road and through Tract A of COS1518 to a point being the said West ROW and the Southeast ROW comer of Tract Dof the Osbome Subdivision;thence along said West ROW of Story Mill Road and along the East boundary lineof Tracts A, B, C and D of said Osbome Subdivision, N 00° 18' 18" E, a distance of652.19 feet to a point being the NE comer of said Tract A of said subdivision and theintersection of the West ROW of Story Mill Road and the south ROW of BoylanRoad;thence along said south ROW, N 88° 53'53" E, a distance of40.Gl feet to the P.O.B.Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject toall easements of record and all as depicted on the CANYON GATE Annexation Map.WHEREAS, the Landowner petitioned the City for annexation to the City of theCANYON GATE ANNEXATION; andWHEREAS, the CANYON GATE ANNEXATION is not within the corporate limits ofthe City or other municipality and may therefore be annexed to the City in accordance with theprovisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the CANYON GATEANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the CANYONCanyon Gate Annexation Agreement2296
GATE ANNEXATION to connect to and utilize City services, including municipal water andsewer service, parks and recreation, fire and police services, and the City's transportation system;andWHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality andlandowner can agree to the provisions of services to the area to be annexed; andWHEREAS, the parties recognize additional development on the CANYON GATEANNEXATION will impact area parks, recreation, transportation, police, and fire services, andthat future improvements may require additional public infrastmcture street improvementsincluding transportation for traffic circulation and the provisions of parks, recreation, police, andfire services; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactoryand dependable water supply and sewer supply or service, and provide transportation, parks,recreation, police and fire service for development of the CANYON GATE ANNEXATION; andWHEREAS, the parties have determined that it is in the best interests of the City andLandowner, and in furtherance of the public health, safety and welfare of the community to enterinto and implement this Agreement.WITNESSETH:IN CONSIDERATION of the mutual covenants and agreements herein contained, theparties hereto agree as follows:1. RecitalsThe above recitals are true and correct and incorporated herein.Canyon Gate Annexation Agreement3297
2.AnnexationThe Landowner filed an application for annexation of the CANYON GATEANNEXATION with the City on August 9, 2021. By execution of this Agreement, the Citymanifests its intent to annex the CANYON GATE ANNEXATION tract pursuant to the terms andconditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. CodeArm. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of theCANYON GATE ANNEXATION. Further, upon the execution of this Agreement, theLandowner shall do all things required by this Agreement and all things necessary and proper toaid and assist the City in carrying out the tenns, conditions and provisions of this Agreement andto effect the annexation of the CANYON GATE ANNEXATION.3.Services ProvidedThe City will, upon annexation, make available to the CANYON GATE ANNEXATIONexisting City services only to the extent currently available, or as provided in this Agreement.4. Municipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service whichis supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, asamended, as well as any other terms and conditions which apply to the City's provision ofmunicipal water service but does not include the extension of lines or construction of necessaryimprovements at any cost to the City for delivery of water to and within the CANYON GATEANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-wayacquisition, engineering, construction, and other costs for the delivery of water to or within theCANYON GATE ANNEXATION to include, but not limited to, any impact fees, hook-up,connection, or development charges which have been or may be established by the City.Canyon Gate Annexation Agreement4298
5. Municipal Sewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service whichis supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, asamended, as well as any other terms and conditions which apply to the City's provision of thisservice but does not include the extension of lines or construction of necessary improvements atany cost to the City for collection of sewage at and within the CANYON GATE ANNEXATION.Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,construction, and other costs for the collection of sewage services to or within the CANYONGATE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, ordevelopment charges which may be established by the City.6. Water RightsThe Landowner specifically recognizes and agrees the Landowner must provide waterrights upon further development or subdivision of the property in accordance with Section38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights due atthe time of further development or subdivision of the property based on the annual demand forvolume of water the development will require multiplied by the most current annual unit price ineffect on the date the water rights are transferred or payment-in-lieu of water rights is to be madeto the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rightsmay increase over time as established by Resolution of the City Commission. The applicant mustperform a water rights search to determine if any exist for this property. The Landowner musttransfer any water rights that exist for this property to the City ofBozeman prior to development.If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amountdetermined by the Director of Public Service, prior to development.Canyon Gate Annexation Agreement5299
7.Water and Sewer ConnectionsLandowner understands and agrees that consistent with the Agreement for Public SanitarySewer and Water Connection and Consent to Annexation and under no conditions not later thanprior to final platting of any subdivision of the property within the CANYON GATEANNEXATION, the existing residence on the property must be removed or connected to Citywater and sewer utilities. Water and sewer services must be constructed in accordance with designand specifications approved by the City prior to the installation of the water and sewer lines.Landowner must contact the City Water and Sewer Division to obtain details of constructionrequirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48hours prior to construction of the services and disconnection of the well and septic systemabandonment.Landowner further understands and agrees that prior to connection to the City water andsewer system, or concurrent with removal of the existing home, the existing on-site sewagetreatment system must be properly abandoned and certification provided to the City Water andSewer Division that the abandonment occurred. The Landowner must report the abandonment tothe Gallatin City County Health Department. In addition to abandonment of the septic tank andleach field, the applicant must demonstrate that the sanitary sewer line from the house to the septictank has been completely disconnected from the existing septic system prior to the Landownerconnecting the sanitary sewer line coming from the house to the City sanitary sewer system.Any wells presently used for domestic purposes may be retained for irrigation only, withno physical connection to domestic water piping. Certification that there is no physical connectionbetween an on-site well and the domestic water line coming from the City's water supply to thehouse must be provided. The City Water and Sewer Division may perform an inspection of theCanyon Gate Annexation Agreement6300
property and certify that the disconnection of the well and septic system abandonment are properlycompleted. Landowner understands and agrees that if Landowner fails to properly abandon theexisting septic system and/or fails to disconnect the existing well from the domestic water pipingas required herein the City may upon ten day's written notice to the Landowner terminate waterand/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shallbe borne by Landowner.8. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to haveprepared by a Professional Engineer, at Landowner's sole expense, a comprehensive design reportevaluating existing capacity of sewer and water utilities in the area. The report must includehydraulic evaluations of each utility for both existing and post-development demands, and thereport findings must demonstrate adequate capacity to serve the full development of the land. Ifadequate infrastructure capacity is not available for the proposed development, the report mustidentify water or wastewater system improvements necessary for the proposed development. Ifimprovements to this water or wastewater system are necessary, the Landowner agrees prior todevelopment of the CANYON GATE ANNEXATION to complete, at Landowner's expense, thenecessary system improvements to serve the proposed development.9. FytureJ)evelopment LimitationsThe Landowner shall be responsible for installing all facilities required to provide fullmunicipal services to the property in accordance with the City's Infrastructure Master Plans andall City regulations, policies and guidelines that may be in effect at the time of any futuredevelopment. Thus, Landowner understands and agrees Landowner has no right, either granted orimplied, for it to further develop any of the CANYON GATE ANNEXATION until it is verifiedCanyon Gate Annexation Agreement7301
by the City that the necessary municipal services, including but not limited to police and fireprotection, parks and recreation, transportation, and sewer and water capacity, are available to allor a portion of the CANYON GATE ANNEXATION. Notice is thus provided to the Landownerthat prior to additional development of the property, the Landowner will be solely responsible forinstalling, at Landowner's sole expense, any facilities or infrastructure required to provide fullmunicipal services to the CANYON GATE ANNEXATION in accordance with the City'sinfrastmcture plans, adopted Growth Policies/Community Plans, and all other city regulations,policies and guidelines that may be in effect at the time of development.10. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the CANYON GATEANNEXATION for a system designed to remove solids, oils, grease, and other pollutants fromthe mnoff from public streets and other impermeable surfaces may be required to be provided toand approved by the City Engineer at the time of any future development. The plan mustdemonstrate that adequate treatment ofmnofffrom public streets, other impenneable surfaces, andall future lots will be achieved by providing spot elevations, flow direction arrows, detentionand/or retention basin details (including basin sizing calculations and basin typical sections), outletstructure details, and culvert capacity calculations. The plan must also locate and provideeasements for adequate drainage ways within the CANYON GATE ANNEXATION to transporttreated mnoff to the stormwater receiving channel. The plan shall include site grading andelevation information, typical stormwater detention/retention basin and discharge stmcture details,basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City mayrequire such Stormwater Master Plan to be implemented in all or part as a condition of approvalof development of the CANYON GATE ANNEXATION.Canyon Gate Annexation Agreement8302
11. Waiver of Risht-to-Protest Special DistrictsA. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special Districts(SID) or Special Improvement Districts for street and transportation improvements includingdesign and engineering, paving and subsurface improvements, curb and gutter, lighting, sidewalkand stormwater drainage facilities, and fiber optic conduit for a) Street improvements to Story MillRoad between Boylan Road and the southern terminus of L Street including from the southernterminus of L Street south to and including Wallace Avenue to its intersection with East TamarackStreet (including the intersection of Wallace Avenue and East Tamarack Street) to include lighting,signalization, paving, curb/gutter, sidewalk, and storm drainage and b) Street improvements toBridger Drive between Story Mill Road and Boylan Road as Boylan Road intersects with BridgerDrive at the Creekwood Subdivision including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage; and c) intersection improvements for i) the intersection of StoryMill Road and Bridger Drive including lighting, signalization/channelization, paving, curb/gutter,sidewalk, and storm drainage; as set forth in Exhibit "A". The Landowner agrees such SID willprovide a mechanism for the fair and equitable assessment of construction and maintenance costsfor such improvements. The waiver is attached hereto as Exhibit "A" and is hereby incorporatedin and made a part of this Agreement.B. Landowner agrees that in the event a special district or an SID is not utilized for thecompletion of these improvements as described in subsection A above, the Landowner shallparticipate in an alternative financing method for the completion of the improvements on a fairshare, proportionate basis as determined by the City on the basis of the square footage of property,taxable valuation of the property, traffic contribution from the development or a combinationthereof, subject to the provisions of Section 12 pertaining to Payback Districts.Canyon Gate Annexation Agreement9303
C. Landowner understands and agrees that the City will choose creation of a SID orspecial district or an alternative financing method for the completion of the improvements and mayuse either financing option at any time.12. Payback DistrictsUpon submission of a future development application, the landowner may be expected tomake off-site improvements to Story Mill Road and certain floodwater mitigation efforts whichmay benefit future development of other parcels in the area. Therefore, the Landowner may submitan application to the City for the creation of a Payback District. The City agrees to consider thecreation of a Payback District for the benefit of Landowner, for the costs expended to completesuch work as the City requires for off-site improvements to Story Mill Road and for floodwatermitigation exceeding proportional share of such work as determined by the City.13. Public Street and Utility EasementThe Landowner understands and agrees that a public street and utility easement must beprovided for Story Mill Road, including a 45 foot public street and utility easement from thecenterline of the existing right-of-way. The Landowner, at its sole expense, has created such aneasement in a location and form agreeable to the City and the easement will be filed at the GallatinCounty Clerk and Recorder's Office at the same time as this annexation agreement. TheLandowner further understands and agrees that additional public street and utility easements maybe required for delivery of municipal services with future development and such easement shallbe provided at the Landowner's sole expense.14. Street ImprovementsThe Landowner understands and agrees that at the time of future development the portionof Story Mill Road and Bridger Canyon Drive and their related transportation infrastructureCanyon Gate Annexation Agreement10304
fronting the CANYON GATE ANNEXATION must be improved to a City standard or MontanaDepartment of Transportation standard as applicable at Landowner's expense, but subject to anyPayback District or other funding mechanism as may apply.15. Impact FeesLandowner acknowledges that annexation and development of their property will impactthe City's existing street, water and sewer infrastructure, and the City's fire service. As approvedby the City, the Landowner and its successors must pay:A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or asamended, at time of issuance of a building permit.B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC,or as amended, at time of issuance of a building permit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, atthe time of connection to city water services.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, atthe time of connection to city sewer services.The amount of impact fee the Landowner or its successors pay for connection to the city'swater and sewer services, if any, shall be calculated based on the provisions of the BozemanMunicipal Code, as amended, in effect at the time of application for a pennit to connect. Theamount of street or fire impact fees to be paid, if any, shall be calculated based on the provisionsof the Bozeman Municipal Code, as amended, in effect at the time an application for buildingpermit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the CANYON GATE ANNEXATION municipal servicesand which are wholly attributable to the property as determined exclusively by the City areconsidered "project related improvements" as defined in Chapter 2, Article 6, Division 9, BozemanMunicipal Code, as amended, and as such, are not eligible for impact fee credits.Canyon Gate Annexation Agreement11305
If Landowner defaults on this condition at the time such is to be performed, and shoulddefault not be remedied or corrected within thirty (30) days after written notice by City to theLandowner and Landowner/Developer of such default, City may at its option:A) Declare the amounts owing for impact fees immediately due and payableand City shall have the right and privilege to take legal action againstLandowners for the collection of such sum, including the entry of anyjudgment. In addition, the City may, at its option, enforce payment of suchamount by levying an assessment on the property.B) Elect any other remedy available to City under the laws of the State ofMontana.16.AssessmentsLandowner understands and agrees that after this Agreement is recorded the CANYONGATE ANNEXATION will be subject to City assessments for arterial and collector streets,street maintenance, and tree maintenance on the same basis as all other properties in the City.17. Additional TermsA. In order to advance the goals of the Bozeman Community Plan 2020, Theme 2,notwithstanding any provision to the contrary as set forth in the City's regulations for its zoningdistricts, within the CANYON GATE ANNEXATION Landowner voluntarily offers and agreesto: 1) except for the specific building height limits in subsection 3 below, limit the maximumheight of structures located within the entire project to a maximum of 50 feet or 4 stories,whichever is greater; 2) limit the building footprint of each building within the B-2M zoningdistrict to a maximum of 25,000 square feet per building; and 3) limit buildings within the northern100 feet of the B-2M zoning district to residential purposes only with a maximum height of 36 feetfor stmctures with a flat roof and a maximum height of 46 feet for structures with a pitched roof.Landowner shall record a covenant running with the land to be approved by the City Attorney andenforceable by the City to reflect this agreement.Canyon Gate Annexation Agreement12306
B. In order to advance the goals of the Bozeman Community Plan 2020, Landownervoluntarily offers and agrees to provide within the R-5 zoning area within the CANYON GATEANNEXATION, a minimum of 60 housing units that are priced no greater than 120% of AreaMedian Income at an interest rate of 3.5% per the matrix set forth in Exhibit B. As determined bythe City, a one person household includes Studios, two person household includes one bedroomunits, a three person household includes two bedroom units, and four person household includesthree bedroom units. The sale and management of the income restricted housing units shall beadministered by a community land trust or other entity acceptable to the City. Landowner shallbegin construction of the income restricted housing prior to any vertical construction within theB2M zoning district and shall complete all 60 units within 24 months after commencingconstruction. Landowner shall record a covenant mnning with the land to be approved by the CityAttorney and enforceable by the City to reflect this agreement.C. Recording. The parties recognize the covenants required in subsections A and B, above,must be filed and of record with the Gallatin County Clerk and Recorder at the same time as therecordation of this Annexation Agreement.18. Governing Law ajid VenueThis agreement shall be constmed under and governed by the laws of the state of Montana.In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County ofGallatin, State of Montana.19. Attorney's FeesIn the event it becomes necessary for either party to this Agreement to retain an attorneyto enforce any of the terms or conditions of this Agreement, then the prevailing party shall beCanyon Gate Annexation Agreement13307
entitled to reasonable attorney's fees and costs, to include the salary and costs ofin-house counselincluding City Attorney.20. WaiverNo waiver by either party of any breach of any term, covenant or agreement shall bedeemed a waiver of the same or any subsequent breach of this same or any other term, covenantor agreement. No covenant, term or agreement shall be deemed waived by either party unlesswaived in writing.21. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect theother provisions hereof, and this Agreement shall be constmed in all respects as if such invalid orunenforceable provision were omitted.22. Modifications or AlterationsNo modifications or amendment of this Agreement shall be valid unless evidenced by awriting signed by the parties hereto.23. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assignthis Agreement in whole or in part without prior written consent of the City.24. SuccessorsThis Agreement shall be binding upon, inure to the benefit of and be enforceable by theparties hereto and their respective heirs, successors and assigns and specifically to any subsequentpurchaser of the annexed property.25. Covenants to Run with the LandCanyon Gate Annexation Agreement14308
The parties intend that the terms of this Agreement shall benefit the CANYON GATEANNEXATION and shall be covenants mnning with the land and shall not expire at their deathsor upon transfer of ownership of the property.The undersigned Landowner affirais that they have authority to enter into this Agreementand to bind themselves to this Agreement.IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed theday and year first above written.Canyon Gate Annexation Agreement15309
STATE OF ?v|^>r?ten^rOF(]^llc4inCOUNTY OF'£-):ssn_ )LANDOWNERCANYON GATE INVESTORS, LLCa Montana limited liability companyBy: CANYON GATE PARTNERS, LLCa Montana limited liability company, itsManaging MemberBy: Andrew Holloran, ManagerOn this ^3 day of ifybLT^l^ , 202Z^, before me, the undersigned, aNotary Public for the State of rY^i-^ 4<5L^-i^s- , personally appeared Andrew Holloran, asManager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC,known to me to be the landowner that executed the within instrument, and acknowledged to methat they executed the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year first above written.(SEAL)^j 9.^^ LAUR^^_C^J.^MINGS^.^oTAR^/^for the State of Montanai'n'. SFAT. .;*s ^ Residing at:^^AL^/ Boz®man. Montana'^OF'MO^"' My Commission Expires:'^" H';| ""' September 04, 2023-a(Printed Nai^e He^) ^3 ^ ,'ey~> ^'''^^ I'^Q yv-i i' r^, S^Notary Pu^lic^for th^ State oflfYV'sn-VoLr^^Residing at'^-ij^^ C-^ -,-,.My CommissicfeTXpires:c)/'y/oQ^'^>(Use 4 digits for expiration year)Canyon Gate Annexation Agreement16310
CITY OF BOZEMANBy: JeffMihelich, City ManagerATTEST:City ClerkSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of._, 202_, before me, a Notary Public for thestate of Montana, personally appeared JeffMihelich and Mike Maas, known to me to the personsdescribed in and who executed the foregoing instmment as City Manager and City Clerk respectively,of the City ofBozeman, whose names are subscribed to the within instrument and acknowledged to methat they executed the same for and on behalf of said City.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)Canyon Gate Annexation Agreement17311
EXHIBIT "A"WAIVER OF RIGHT TO PROTESTCREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTSCANYON GATE ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:Parcel 7B of Certificate of Survey No. 2408, less HWRW, according to the official Certificateof Survey thereof, recorded in the records of Gallatin County.rNT CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to thestreets and intersections set forth below which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assignsforever the right to protest the creation of one or more special districts or special improvement districtsfor the design and engineering, construction and maintenance of following improvements:1. Street improvements to Story Mill Road between Boylan Road and the southern terminusof L Street including from the southern terminus of L Street south to and including Wallace Avenue toits intersection with East Tamarack Street (including the intersection of Wallace Avenue and EastTamarack Street)to include lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage;2. Street improvements to Bridger Drive between Story Mill Road and Boylan Road asBoylan Road intersects with Bridger Drive at the Creekwood Subdivision including lighting,signalization, paving, curb/gutter, sidewalk, and storm drainage; and3. Intersection improvements at Story Mill Road and Bridger Drive including lighting,signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.Canyon Gate Annexation Agreement18312
Landowner agrees the City has the sole right to control the design and construction of suchimprovements and may include any of the above components and others necessary to ensure suchimprovements comply with all adopted City infrastructure plans and requirements. Further, theLandowner waives its right or to make any written protest against the size or area or creation of thedistrict be assessed in response to a duly passed resolution of intention to create one or more specialimprovement districts which would include the above-described property.In the event a special district or special improvement district is not utilized for the completion ofthese improvements, the developer agrees to participate in an alternate financing method for thecompletion of said improvements on a fair share, proportionate basis as determined by the City on thebasis of the square footage of property, taxable valuation of the property, traffic contribution from thedevelopment or a combination thereof. Landowner understands and agrees that the City will choosecreation of a SID or special district or an alternative financing method for the completion of theimprovements and may use either financing option at any time.This waiver is made for the benefit of the property described herein shall be a covenant runningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.Canyon Gate Annexation Agreement19313
DATED this ^3 day of J^^c^.,2022.LANDOWNERCANYON GATE INVESTORS, LLCa Montana limited liability companyBy: CANYON GATE PARTNERS, LLCa Montana limited liability company, itsManaging MemberBy: Andrew Holloran, ManagerSTATE OF moi-rla-rCL )COUNTY OF(3G\\cVif:ss)On this ^>S day of \ \\0<AG-V~> , 201.3, before me, the undersigned, a NotaryPublic for the State of P^\^v~\^3.-tic^ , personally appeared Andrew Holloran, as Manager ofCanyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me tobe the landowner that executed the within instrument, and acknowledged to me that they executed thesame for and on behalf of landowner.Ds[ WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)LAUREN J GUMMING;^ Notary Public'•"ol for the State of Montanai^:. CFAT .^1 ^__Residingat:-.^i^'.ftlLAL ^-j Bozeman, Montana'^^•.;n^/^ My Commission Expires:'^'OF^^ "Septemberl64,'2'02'3'ed^fed I^ame^ere) V^'o?^ '33T C-oo^ri^i<?s)^Notary Public fo^he State of fTfc^vVt.rAResiding at G^jC^^i <^oov-cl^ ^'V^^^-'-v.^My Commission Expires^ /y/^<b5>2>(Use 4 digits for expiration year)Canyon Gate Annexation Agreement20314
EXHIBIT B - AMI MatrixI $90.40Q|«Bnter MFI herettescription1.0 Parson 1.5 Person 2.0 Person 2.5 Parson 3.0 Person 3.5 Person 4.0 Person 5.0 Persontncome40%49%50%55%60%70%80%90%100%110%120%Itex Housing Cost40%49%50%55%60%70%80%90%100%110%120%$25,320$31,017$31,650$34,815$37,980S44.310$50.640$56,970$63,300369,630$75,96030%S7.598S9.305$9,495$10,445$11,394$13,293S15,192$17,091$18,990$20,889322,788327,140S33,247S33.925S37.318S40.710S47.495S54.280S61.065$67,850S74.635S81.420$8,142$9.974S10.178S11.195212,213$14,249$18,284$18,320S20.355322,391$24,426S28.980S35,47GS38.200$39,820$43,440S50.680$57,920S85.160S72.400S79.640$86,880$8,688S10.643S10,860$11.946313,032S15.204317,376319,548S21.720S23.892S26,064S30,760$37,681$38,450S42.295S+6,140353,830$61,520$69,210S76.900$84,590$92,280$9,228S11,304211,535$12,689S13.842$16,149si a.456S20.763S23.070$25,377S27.684S32.560$39,886$40,700$44,770S4fl,840S56.980$65,120S73,260$81,400$89,540$97,680$9,768S11.966S12.210$13,431S14.652$17,094$19,536$21,978S24.420$2e,862$29,304S34,360$42,091$42.950$47,245$51,540S60.130S68.720S77.310S85.900S94.490$103,080810,308$12.627$12,885S14.174$15,462S18.039S20.616S23.193S25.770528,347530,924$36,160$44,296$45,200£49,720S54.240S63.280$72,320$81,360390,400S99,440$108,480$10,84SS13.289$13,560$14,916$16,272$18,984S21,696S24.408$27,120$29,832$32,544S33,080$47,873$48,850353,735$58,620S88,390$78,160S87.930$97,700$107,470$117,240S11.724S14.362S14.655316,121$17,586$20,517$23,448$26.379329,310S32.241S35.172RateTermHOA Mo. f-eeDownpaymentHome Value40%49%50%55%60%70%80%90%100%110%120%3.50%30.0$2505,00%SS8,978$122,067$125,744$144,126$162,508$199,273$236,038$272,802$309,567$346,332$383,097$99,549$135,016$138,957$158,660$178,364$217,771$257,179$296,586$335,994$375.401$414.808S') 10,120$147,965$152,170$173,195$194,220$236,270$278,320$320,370$362,420$404,470$446,520$120,574$160,772$165,238$187,570$209.902$254,565$299,229$343,893$388,556$433,220$477.883$131,029$173,578$178.306$201.945$225,583$272,861$320,138$367,415$414,692M61,969$509,247$141.483$186,385$191,374$216,319$241,265$291.156$341,047$390,937$440,828$490.719$540,610$151,938$199,192$204,442$230,694$256,947$309.451$361,955$414,460$466,964$519,469$571,973$168,897$219,967$225,6+1$254,014$282,386$339,130$395,874U52,619$509,383$566,107S622.851Source: HUD; Economic S Planrirg Systems/var/kittteWGmi,'1)(F[;^4l9&)(^aire[k1dlb(-tiQXU9^T/E;(3r-i.R>isrow<l.Oyt!ooitfOiifkx.*i T(><npif[^^| CateulatEr.j(ism]T-Gal; AMICanyon Gate Annexation Agreement21315
Original to:City ofBozemanCity ClerkPO Box 1230Bozeman,MT 59771-1230CANYON GATEDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSThis Declaration is made thisday of_, 2022 by Canyon GateC6Investors, LLC, of 111 W. Lamme Street, Suite 101, Bozeman, MT 59715, herein referred to as"Declarant."RECITALSA. Declarant owns certain real property located in Gallatin County, Montana, andmore particularly described as follows:A description of land being the SE 1/4 of Section 31 and the SW 14 of Section 32,Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County,Montana.Beginning at a point (P.O.B), which is the Northwest Comer of said COS No. 2408 and apoint on the N/S line between Sections 31 and 32 of said Township and Range and thecenterline of Story Mill Road.thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger CreekSubdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to apoint being the Northeast comer of said Tract 7B;thence, along the east line of Tract 7B, also the West line of Legends at BridgerCreek Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a pointon said line;thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point beingthe SE comer of said Tract 7B;]•Canyon Gate Declaration of Covenants, Conditions and Restrictions1316
•••thence, N 88° 19' 21" W, along the North Line ofMT. Baldy Subdivision and theSouth line of said Tract 7B, a distance of 817.12 feet to the NE comer of the West33.34 feet of Lot 45 of the MT. Baldy subdivision;thence, S 01° 44' 26" W, along the east line of said Lot, a distance of260.Gl feet toa point;thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line betweensaid Sections 31 and 32 (aka the center line of Story Mill Road);thence, leaving said section line and along the North ROW of Bridger Drive beingthe South boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of40.Glfeet a point at the intersection of said ROW, South Line and the West 40' ROW ofsaid Story Mill Road;thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distanceof 321.05 feet along said West ROW of Story Mill Road and through Tract A ofCOS 1518 to a point being the said West ROW and the Southeast ROW comer ofTract D of the Osbome Subdivision;thence along said West ROW of Story Mill Road and along the East boundary lineof Tracts A, B, C and D of said Osbome Subdivision, N 00° 18' 18" E, a distance of652.19 feet to a point being the NE comer of said Tract A of said subdivision andthe intersection of the West ROW of Story Mill Road and the south ROW ofBoylan Road;thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to theP.O.B.Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subjectto all easements of record and all as depicted on the attached Exhibit A (the "Canyon GateAnnexation Property."99B. As a condition of approval for the annexation of the Canyon Gate AnnexationProperty, City ofBozeman application number 21-337, the City ofBozeman required theDeclarant to record a covenant running with the land pursuant to the terms of the Canyon GateAnnexation Agreement; andC. To satisfy the requirement of the Canyon Gate Annexation Agreement, theDeclarant desires to place beneficial covenants, conditions and restrictions upon the CanyonGate Annexation Property for the use and benefit of Declarant and for the use, benefit andprotection of the future owners thereof and the City ofBozeman.NOW, THEREFORE, Declarant hereby declares that all the property within the Canyon GateAnnexation Property as described above shall be held, sold, and conveyed subject to thefollowing COVENANTS, CONDITIONS and RESTRICTIONS, all of which are for the purposeof enhancing and protecting the value, desirability, and attractiveness of the real property byproviding a reasonably uniform plan for its development as a desirable development. TheseCovenants, Conditions and Restrictions shall run with the real property and shall be bindingupon all owners thereof, and shall inure to the benefit of and be binding upon each successor ininterest to the owner thereof.Canyon Gate Declaration of Covenants, Conditions and Restrictions2317
1. Height and Bulk Limitations. In order to advance the goals of the BozemanCommunity Plan 2020, Theme 2, notwithstanding any provision to the contrary as set forth in theCity's regulations for its zoning districts, within the Canyon Gate Annexation Property, and asdepicted on the Canyon Gate Annexation Zone Map Amendment, Ordinance 2099:A) except for the specific building height limitations in subsection C, the maximumheight of structures located within the entire project is limited to a maximum of 50 feet or 4stories, whichever is greater;B) the building footprint of each building within the B-2M zoning district is limited to amaximum of 25,000 square feet per building; andC) buildings within the northern 100 feet of the B-2M zoning district shall be limited toresidential purposes only and limited to a maximum height of 36 feet for structures with a flatroof and a maximum height of 46 feet for stmctures with a pitched roof.2. Provision of Income Restricted Housing. In order to advance the goals of theBozeman Community Plan 2020, Declarant agrees to provide within the R-5 zoning area withinthe Canyon Gate Annexation Property, a minimum of 60 housing units that are priced no greaterthan 120% of Area Median Income at an interest rate of 3.5% per the matrix set forth in ExhibitB. As determined by the City, a one person household includes studios, two person householdincludes one bedroom units, a three person household includes two bedroom units, and fourperson household includes three bedroom units. The sale and management of the incomerestricted housing units shall be administered by a community land trust or other entityacceptable to the City. Declarant shall begin construction of the income restricted housing priorto any vertical constmction within the B2M zoning district and shall complete all 60 units within24 months after commencing construction.3. Duration. The covenants, conditions, and restrictions of this Declaration shall runwith and bind the land in perpetuity and shall inure to the benefit of Declarant, each owner ofproperty, the City ofBozeman, and their respective legal representatives, heirs, successors, orassigns, subject to the right of amendment provided in this Article.4. Amendment.A) This Declaration may be amended upon the written approval of the property Ownerscomprising fifty-one (51) percent of the area of the non-public real property within the CanyonGate Annexation Property; provided, however, that any amendment is prohibited without theconsent and approval of the City ofBozeman; orB) As the primary beneficiary of this covenant, this declaration may unilaterally bereleased in whole or part by the City ofBozeman after 15 calendar days' notice to the Owners ofproperty within the Canyon Gate Annexation Property. The City must determine the form ofnotice.C) Any amendment shall become effective only upon the filing of such amendment in therecords of the Clerk and Recorder ofGallatin County, Montana.5. Enforcement. The Declarant, the City of Bozeman, or any owner of realproperty within the Canyon Gate Annexation Property may take action to enforce the provisionsof this Declaration. Enforcement may be by injunction, declaratory judgment, action forCanyon Gate Declaration of Covenants, Conditions and Restrictions 3318
damages, or any other legal claims, all of which shall be cumulative and non-exclusive. Theprevailing party in any action shall be entitled to recover, in addition to other damages, itsreasonable litigation expenses, including attorney's fees, as may be awarded in the judgment ofthe court.6. Severability. Invalidation of any one of these covenants or restrictions byjudgment or court order shall in no way affect any other provisions, which shall remain in fullforce and effect.IN WITNESS WHEREOF the DECLARANT has signed this instmment and arrangedfor its recordation in the real property records of Gallatin County, Montana.LANDOWNERCANYON GATE INVESTORS, LLCa Montana limited liability companyBy: CANYON GATE PARTNERS, LLCa Montana limited liability company, itsManaging MemberBy: Andrew Holloran, ManagerSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On this <^3 day ofQ^l_Q^K^_, 202^, before me, the undersigned, aNotary Public for the State of Montana, personally appeared Andrew Holloran, as Manager ofCanyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known tome to be the landowner that executed the within instmment, and acknowledged to me that theyexecuted the same for and on behalf of landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year first above written.^'J'cu^ LAUREN J CUMMINGSNotary Public^'•.'%'! for the state of Montana'-*'CT^TT •'*! _ Residing at:^t^.St-Al^.^-^ Bozeman, Montana'>%'n,-'.'>rt^l;? My Commission Expires:V/7''UF,MS^ September 04,^023'^\n^"T3'"~°rCanyon Gate Declaration of Covenants, Conditions and Restrictions4319
CITY OF BOZEMANBy: JeffMihelich, City ManagerATTEST:City ClerkSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of_, 202_, before me, a Notary Publicfor the state of Montana, personally appeared JeffMihelich and Mike Maas, known to me to thepersons described in and who executed the foregoing instmment as City Manager and City Clerkrespectively, of the City ofBozeman, whose names are subscribed to the within instmment andacknowledged to me that they executed the same for and on behalf of said City.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)Notary Public for the State of MontanaCanyon Gate Declaration of Covenants, Conditions and Restrictions-5-320
Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Economic Development Manager, Housing and Development
Brit Fontenot, Economic Development Director
SUBJECT:Public Hearing of Two (2) Community Housing Projects Applying for Real
Property Tax Exemption from Montana Board of Housing
MEETING DATE:April 12, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:None. This hearing is to provide opportunity for public comment. No action
is required of the City Commission.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Per Montana Code Annotated 15-6-221, applications to the Montana State
Department of Revenue’s tax exemption programs should request a public
hearing to solicit public comment from the community. It states that “the
unit of local government where the proposed project is to be located shall
give due notice, as defined in 76-15-103 MCA, and hold a public hearing to
solicit comment on whether the proposed qualifying low-income rental
housing property meets a community housing need. A record of the public
hearing must be forwarded to the board of housing.”
The statute further indicates that no findings must be made by the City
Commission. The objective of the public hearing is to solicit comments.
Public notice must occur prior to the public hearing, and be published 14
days apart. The publication dates for the noticing of each of the community
housing projects presented in this hearing were March 27, 2022 and April
10, 2022.
This hearing will call for public comment on two community housing related
projects. Each project has been noticed to the statutory requirements. The
objective of this hearing is to formally allow for members of the community
to give input on each project and how it benefits our community. No other
action is required. Attached to this memo are materials related to each
project in the order they are listed below, including a cover memorandum
321
with statutory requirement information, and a narrative project description.
The two projects are as follows:
Project Name Applicant Project Type
Target Household
Income (% Area
Median Income)
Comstock
Apartments
Hearthstone
Group, LLC
86 income and
rent restricted
units
98% units
affordable to
households earning
60% AMI
Baxter
Apartments
Hearthstone
Group, LLC
48 income and
rent restricted
units
3 units restricted at
40% AMI
26 units restricted
at 50% AMI
19 units restricted
at 60% AMI
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
Project Description - Baxter Apartments.pdf
Project Description - Comstock Apartments.pdf
Notice of Public Hearing - Baxter Apartments.pdf
Notice of Public Hearing - Comstock Apartments.pdf
Report compiled on: March 30, 2022
322
2809 Great Northern Loop, Suite 100 Missoula, Montana 59808
Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com
March 22, 2022
RE: Baxter Apartments, Bozeman, Montana
To All Interested Persons:
Baxter Apartments Acquisition, LLC, in partnership with Hearthstone Group, a
Washington non-profit corporation specializing in preservation and development of affordable
housing, is proposing to acquire the following low-income multifamily rental housing complex
located at the following address in Bozeman, Montana:
Project Name Address Number of units
Baxter Apartments 2263 Trade Wind Lane 48 Bozeman, MT 59715 The project has applied for the exemption from real property taxes available to qualifying
low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part
of the statutory requirements for this exemption, there must be an opportunity to comment on
whether this low-income rental housing project meets a community housing need. No vote or
action on behalf of the local agency is required in relation to this opportunity for public comment.
Please see attached Executive Summary for additional project information.
Do not hesitate to contact me if you have any questions or you need any further
information. Thank you.
Very Truly Yours,
BJORNSON JONES MUNGAS, PLLC
Kassy J. Buss
406-721-8896
kassy@bjornsonlaw.com
Attachment
323
Baxter Apartments
Executive Summary
Property Description
Baxter Apartments is located at 2263 Trade Wind Lane in Bozeman, Gallatin County, Montana. The property
consists of 19 one-bedroom units and 30 two-bedroom units (49 units total) across 5 residential buildings. Property
amenities include a clubhouse/community room, playground, picnic area and an on-site manager. Unit amenities
include balconies/patios, blinds, central heating and air conditioning, ceiling fans, walk-in closets and in-unit
washer/dryer connections. Kitchen appliances include a garbage disposal, oven/stove, refrigerator and dishwasher.
There are also 8 laundry rooms located in the breezeways of the property.
Baxter Apartments was originally built in 2006. The property is currently income and rent restricted by regulatory
agreements with the Montana Board of Housing for a total of 30 years from the initial construction.
DevCo will seek a new issuance of tax-exempt bonds and 4% LIHTCs through the Montana Board of Housing and
will extend the affordability commitments. 3 units will be restricted at 40% of AMI, 26 units will be restricted at
50% of AMI and 19 units will be restricted at 60% of AMI. There is also one manager unit.
Management
The property will be managed by Alliance Property Management. The company was established in 2002 and
oversees 115 properties across Montana consisting of 417, of which 256 are LIHTC.
324
Planned Renovations
In connection with the new issuance of tax-exempt bonds and 4% credits extensive renovations are planned to be
completed at the property. The current budget includes approximately $35,000 in hard costs per unit. A summary of
major scope items is below:
• Cementitious siding repairs
• Exterior paint
• Parking lot seal coat and restripe
• Concrete Path of Travel, sidewalk and Curb Repair
• ADA Ramps with Truncated Domes
• Cane detection at exterior stairs
• Minimal Office renovations for ADA Accessibility including bathrooms
• ADA Unit reconfiguration
• Trash enclosure reconfiguration/ADA
• Mailbox Location reconfiguration/ADA
• Unit flooring, cabinets, countertops and appliances
• Reconfigure one of the large bike storage areas into a maintenance shop
• Convert all lighting to LED
DevCo Mission Statement
DevCo Preservation uses its extensive experience in the management, construction and financing of affordable
housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and
making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing
markets where it is needed most.
325
2809 Great Northern Loop, Suite 100
Missoula, Montana 59808
Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com
March 22, 2022
RE: Comstock Apartments, Bozeman, Montana
To All Interested Persons:
Comstock Apartments, LLC, in partnership with Hearthstone Group, a Washington non-
profit corporation specializing in preservation and development of affordable housing, is
proposing to acquire the following low-income multifamily rental housing complex located at
the following address in Bozeman, Montana:
Project Name Address Number of units
Comstock Apartments 777 Haggerty Lane 86 Bozeman, MT 59715
The project has applied for the exemption from real property taxes available to qualifying
low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part
of the statutory requirements for this exemption, there must be an opportunity to comment on
whether this low-income rental housing project meets a community housing need. No vote or
action on behalf of the local agency is required in relation to this opportunity for public comment.
Please see attached Executive Summary for additional project information.
Do not hesitate to contact me if you have any questions or you need any further
information. Thank you.
Very Truly Yours,
BJORNSON JONES MUNGAS, PLLC
Kassy J. Buss
406-721-8896
kassy@bjornsonlaw.com
Attachment
326
Comstock Apartments Executive Summary Property Description Comstock Apartments is located at 777 Haggerty Lane in the city of Bozeman. The property was developed in three phases, Phase I was built in 1996, phase II was built in 1999, and phase three was built in 2001. The phases were placed in service in 1996, 1999, and 2001 under the Section 42 Low-Income Housing Tax Credit (LIHTC) program. It consists of 86 units consisting of 52 one-bedroom units, 24 two-bedroom units, 8 three-
bedroom units and 2 four-bedroom units, spread out across 10 residential buildings. The community offers residents
a playground, outdoor grilling and picnic areas, an on-site laundry facility, and an on-site property manager. Each home is outfitted with amenities that include a fully equipped electric kitchen with a dishwasher, disposal, and refrigerator. Units have semi-private entries and extra storage. The property was originally built as a LIHTC development and therefore all units are rent restricted by regulatory agreements with the Montana Board of Housing. Phase I restrictions run through 2035, Phase II restrictions run through 2029 and Phase III restrictions run through 2046. DevCo will seek a new issuance of tax-exempt bonds and 4% LIHTCs through the Montana Board of Housing and will extend the affordability commitments. 98% of the units will be set at 60% set asides with the two market units being used for on site storage and an administrative unit.
Management The property will be managed by Alliance Property Management. The company was established in 2002 and oversees 115 properties across Montana consisting of 417, of which 256 are LIHTC.
327
Planned Renovations In connection with the new issuance of tax-exempt bonds and 4% credits extensive renovations are planned to be completed at the property. The current budget includes approximately $54,000/unit in which will cover the following:
• Repair of existing asphalt
• Parking Lot Restriping, curb painting and new ADA signage
• New Kitchen Cabinets, Kitchen Countertops, Sinks and Fixtures
• Installation of all new appliances
• Replacement of new Fire Rated Entry Door Doors and Hardware
• Installation of New Low E Vinyl windows
• Installation of LVP Flooring Throughout Units
• Installation of Towel Bars, shower Rods, Grab Bars and Vanities
• New Gas Water Heaters
• New LED Light Fixtures
• ADA Upgrades DevCo Mission Statement DevCo Preservation uses its extensive experience in the management, construction and financing of affordable housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing markets where it is needed most.
328
Attention Legal Ads
Notice of Public Hearing
Baxter Apartments Acquisition, LLC, in partnership with Hearthstone Group, a non-profit
corporation specializing in preservation and development of affordable housing, hereby notifies
all interested persons of Bozeman, Montana, that we are proposing to rehabilitate the following
low-income multifamily rental housing complex located at the following address in Bozeman,
Montana.
Project Name Address Number of units
Baxter Apartments 2263 Trade Wind Lane 48
Bozeman, MT 59715
The above entity intends to apply to the Montana Department of Revenue for a determination that
all or a part of the above project is exempt from taxation pursuant to 15-6-221, MCA. As required,
prior to applying, the City of Bozeman, as local government where the project is located, must
give notice and hold a public hearing to solicit comment on whether the proposed project meets a
community housing need. On Tuesday, April 12, 2022, at 6:00 p.m. in the Commission Room at
City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public
hearing on the proposed Baxter Apartments project and whether said project meets a community
housing need. Members of the public will also be able to participate remotely via WebEx.
Instructions for joining the WebEx meeting will be included on the meeting agenda which is
published on the City’s website at least 48 hours prior to the meeting. The agenda is available
at https://www.bozeman.net/meetings.”
You are encouraged to attend and comment.
You are also encouraged to submit comments regarding the need for affordable multi-family rental
housing in your area to the Montana Board of Housing, PO Box 200528, Helena, MT 59620-0528
or FAX (406) 841-2841.
DO NOT PUBLISH BELOW THIS LINE:
*Run advertisement twice, with an interval of at least 14 days between publication dates*
Publication dates: 3/27/2022 and 4/10/2022
329
Attention Legal Ads
Notice of Public Hearing
Comstock Apartments, LLC, in partnership with Hearthstone Group, a nonprofit corporation
specializing in preservation and development of affordable housing, hereby notifies all interested
persons of Bozeman, Montana, that we are proposing to rehabilitate the following low-income
multifamily rental housing complex located at the following address in Bozeman, Montana.
Project Name Address Number of units
Comstock Apartments 777 Haggerty Lane 86
Bozeman, MT 59715
The above entity intends to apply to the Montana Department of Revenue for a determination that
all or a part of the above project is exempt from taxation pursuant to 15-6-221, MCA. As required,
prior to applying, the City of Bozeman, as local government where the project is located, must
give notice and hold a public hearing to solicit comment on whether the proposed project meets a
community housing need. As such, there will be a Public Meeting of the Bozeman City
Commissioners on April 12, 2022 at 6:00 PM. Members of the public are invited to provide
comment. The Bozeman City Commissioners will be broadcasting the meeting via webex. You
can also attend the meeting by phone. Connection information for the WebEx will be available at
the top of the published agenda, which can be viewed at www.bozeman.net/meetings.
You are encouraged to attend and comment.
You are also encouraged to submit comments regarding the need for affordable multi-family rental
housing in your area to the Montana Board of Housing, PO Box 200528, Helena, MT 59620-0528
or FAX (406) 841-2841.
DO NOT PUBLISH BELOW THIS LINE:
*Run advertisement twice, with an interval of at least 14 days between publication dates*
Publication dates: 3/27/2022 and 4/10/2022
330